CONTRIBUTION PROTECTION. The Parties agree that, and by entering this Settlement Agreement and the Environmental Custodial Trust Agreement, the Court finds, that this settlement constitutes a judicially-approved settlement for purposes of Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), and that the Debtors and the Custodial Trust Parties are entitled, as of the Effective Date, to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), or as may be otherwise provided by law, for “matters addressed” in this Settlement Agreement. Subject to the last sentence of this Paragraph, the “matters addressed” in this Settlement Agreement, as that phrase is used in Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), include, without limitation, (i) claims by EPA or potentially responsible parties for response costs at or in connection with each of the Liquidated Sites and Transferred Real Properties, including claims related to releases of hazardous substances from any portion of the Liquidated Sites and Transferred Real Properties and all areas affected by natural migration of such substances from such sites; (ii) claims by DOI or potentially responsible parties for natural resource damages for injury to DOI trust resources (including related natural resource damage assessment costs) at or in connection with each of the Liquidated Sites and Transferred Real Properties for which DOI is providing a covenant not to sue pursuant to Paragraph 37, including claims related to releases of hazardous substances from any portion of the Liquidated Sites and Transferred Real Properties and all areas affected by natural migration of such substances from such sites; and (iii) claims by NOAA or potentially responsible parties for natural resource damages for injury to NOAA trust resources (including related natural resource damage assessment costs) at or in connection with each of the Liquidated Sites and Transferred Real Properties for which NOAA is providing a covenant not to sue pursuant to Paragraph 37, including claims related to releases of hazardous substances from any portion of the Liquidated Sites and Transferred Real Properties and all areas affected by natural migration of such substances from such sites. The “matters addressed” in this Settlement Agreement do not include claims against any of the Debtors for liquidated past response costs incurred prior to the Petition Dates and included in proofs of claim filed in any of the Bankr...
CONTRIBUTION PROTECTION. 17.1. Pursuant to Rhode Island General Laws Section 23-19.14-12, the Parties hereby agree that the Settling Respondent has resolved its liability to the State and shall not be liable for claims for contribution regarding the response actions taken or to be taken and response costs incurred or to be incurred by the State or any other person with respect to the Existing Contamination at the Site.
17.2. The Settling Respondent agrees that, with respect to any suit or claim for contribution brought by the Settling Respondent for matters related to this Agreement, the Settling Respondent shall notify the Department in writing no later than sixty (60) days prior to the initiation of such suit or claim.
17.3. The Settling Respondent also agrees that, with respect to any suit or claim for contribution brought against the Settling Respondent for matters related to this Agreement, the Settling Respondent shall notify in writing the Department within ten (10) days of service of the complaint on the Settling Respondent.
CONTRIBUTION PROTECTION. 105. The parties hereto agree, and by entering this Settlement Agreement the Bankruptcy Court finds, that this Settlement Agreement constitutes a judicially-approved settlement for purposes of Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), and that the Debtors and the Environmental Response Trust and the Environmental Response Trust Protected Parties, as of the Effective Date, are entitled to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2) or as may be otherwise provided by law, for “matters addressed” in this Settlement Agreement. The “matters addressed” in this Settlement Agreement are all costs of Environmental Actions incurred or to be incurred by the U.S. EPA, the States, or the Tribe or any other person or entity relating to or in connection with the Properties, including releases of Hazardous Substances from any portion of the Properties, and all areas affected by migration of such substances emanating from the Properties; provided, however, that the “matters addressed” in this Settlement Agreement do not include (i) any matters reserved in Paragraph 100 of this Settlement Agreement; or (ii) any claims for past costs asserted by potentially responsible parties who are not parties to this Settlement Agreement. 106. Debtors have informed Massachusetts, and hereby state, that they are not seeking contribution protection under Mass. Gen.Laws ch.21E, § 3A(j)(2), so that the comment period referenced in Mass. Gen.Laws ch.21E, § 3A(j)(2) shall be deemed to be closed.
CONTRIBUTION PROTECTION. 34. The parties hereto agree that, as of the Closing Date, Debtors, the Reorganized Debtors, and the Custodial Trust Parties are entitled to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2) or similar state law for matters addressed in this Settlement Agreement. This specifically includes, without limitation, contribution protection against the alleged purchaser of the Xxxxxxx Site pursuant to the purported tax sale conducted by Lake County, Indiana.9 The matters addressed in this Settlement Agreement include all costs of Environmental Actions, including oversight costs, incurred or to be incurred by the United States and the States or any other person relating to or in connection with the Designated Properties, the Sites, the Not Owned Portions of the Xxxxxx Springs Site, the Other Arizona Sites, and the Xxxx Xxx Site, including releases of hazardous substances from any portion of the Designated Properties and the Sites, the Not Owned Portions of the Xxxxxx Springs Site, the Other Arizona Sites, and the Xxxx Xxx Site, and all areas affected by natural migration of such substances from such sites. Matters addressed in this Settlement Agreement also include the States’ claims for NRD including restoration and assessment costs relating to or in connection with the Designated Properties and the Sites except for the Alton, Beckemeyer, Xxxxxx Springs Sites, and Separately Settled Matters. Matters addressed in this Settlement Agreement do not include the City of Xxxxxx’x claim for maintenance of the road repository containing Category II Waste Materials or maintenance of the Parking Repository at the Xxxxxx Site, the City and County of Denver’s claims at the Globe Site, and the Separately Settled Matters
CONTRIBUTION PROTECTION. 4.4.1. The Parties agree that upon the Approval Order becoming Final, this Agreement will constitute a judicially approved settlement for purposes of Section 113(f)(2) of CERCLA, and that Anadarko is entitled, as of the Payment Date and upon the payment required by Section 3.1, to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. §§ 9613(f)(2), or as otherwise provided by law for matters addressed in this Agreement.
4.4.2. For purposes of Section 4.4.1, the matters addressed are as follows:
(i) all Environmental Actions (other than NRD) taken or to be taken, and all costs incurred or to be incurred, by the United States or any potentially responsible party, at or in connection with the Covered Sites and all areas affected by migration of hazardous substances from the Covered Sites, and (ii) NRD claims, including but not limited to restoration and assessment costs, asserted by the United States on behalf of DOI or NOAA at any of the sites identified on Schedule 2-B. Matters addressed in this Agreement do not include any matters that are the subject of the reservations of rights set forth in Section 11.
CONTRIBUTION PROTECTION. The Parties agree that, and by entering this Settlement Agreement and the Environmental Trust Agreement, the Bankruptcy Court finds, that this settlement constitutes a judicially-approved settlement for purposes of Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), and that the Reorganized Debtors and the Environmental Trust Parties are entitled, as of the Effective Date, to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), or as may be otherwise provided by law, for “matters addressed” in this Stipulation and Settlement Agreement. Subject to the last sentence of this Paragraph, the “matters addressed” in this Stipulation and Settlement Agreement, as that phrase is used in Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), include, without limitation, claims by the United States, the States, the Environmental Agencies, or potentially responsible parties for response costs at or in connection with each of the DPH Sites, including claims related to releases of hazardous substances from any portion of the DPH Sites and all areas affected by natural migration of such substances from the DPH Sites.
CONTRIBUTION PROTECTION. 4.1 To the extent authorized under 42 U.S.C. § 9613 and New York General Obligations Law § 15-108, Kodak shall be deemed to have resolved its liability to DEC for purposes of contribution protection provided by CERCLA Section 113(f)(2) for Pre-Existing Environmental Liabilities.
4.2 DEC shall not oppose any motion or application by Kodak in any subsequent proceeding which seeks the contribution protection that this Covenant is intended to provide to Kodak.
4.3 If DEC takes any action in connection with a Pre-Existing Environmental Liability, including without limitation any administrative proceeding, which results in any other third party asserting against Kodak a claim in the nature of contribution, which claim is based, in whole or in part, on the allegation that the claimant and Kodak share a common liability to DEC, then to the extent authorized under the ECL, the New York General Obligations Law § 15-108, and any other applicable law, upon written request by Kodak, DEC agrees to confirm to any administrative agency, court or tribunal that Kodak’s funding of the Environmental Response Trust performance of its obligations under the Settlement Agreement and this Covenant represent Kodak’s fair share of liability or responsibility to DEC for Pre-Existing Environmental Liabilities and DEC shall take any reasonable action requested by Kodak to modify DEC’s pleadings or judgment to ensure that Kodak is not exposed to claims in the nature of contribution; provided, however, that nothing in this Covenant shall obligate DEC to initiate any judicial proceeding, or otherwise initiate any action seeking a judicial declaratory ruling, for the benefit of Kodak.
CONTRIBUTION PROTECTION. 116. The Parties agree that this Settlement Agreement constitutes an administrative settlement pursuant to which Respondent has, as of the Effective Date, resolved liability to the United States within the meaning of Sections 113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(h)(4), and is entitled, as of the Effective Date, to protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(h)(4) of CERCLA, or as may be otherwise provided by law, for “matters addressed” in this Settlement Agreement. The “matters addressed” in this Settlement Agreement are the Work and Future Response Costs. The Parties further agree that this Settlement Agreement constitutes an administrative settlement pursuant to which Respondent has, as of the Effective Date, resolved liability to the United States within the meaning of Section 113(f)(3)(B) of CERCLA, 42 U.S.C. § 9613(f)(3)(B).
CONTRIBUTION PROTECTION. 64. As provided by HSCA, the Parties agree that Brownfields Developer is entitled to protection from contribution actions or claims by other persons for matters addressed in this Agreement. The matters addressed in this Agreement include, without limitation: any remedy, remedial action, or other action taken to respond to, prevent, minimize, or mitigate harm or risk of harm to public health, welfare or the environment relating to the Existing Environmental Condition; remedial costs incurred or to be incurred by DNREC or any other person relating to the Existing Environmental Condition; and, natural resource damages, including without limitation, costs of pre-assessment actions, assessment, restoration, rehabilitation, replacement, mitigation, acquisition, compensation or loss of use relating to the Existing Environmental Condition.
CONTRIBUTION PROTECTION. The Parties agree, and by approving this Settlement Agreement, the Bankruptcy Court finds, that this Settlement Agreement constitutes a judicially approved settlement with respect to EPA Liquidated Sites and PRP Liquidated Sites for purposes of Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), and that the Debtors, with respect to the EPA Liquidated Sites and PRP Liquidated Sites, are entitled, as of the Effective Date, to protection from contribution actions and claims by third parties as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), or as may otherwise be provided by law, for “matters addressed” in this Settlement Agreement. The “matters addressed” in this Settlement Agreement, as that phrase is used in Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), are (i) all response actions taken, or to be taken, and all response costs incurred and to be incurred, and all natural resource damages assessed at or in connection with the EPA Liquidated Sites and PRP Liquidated Sites by the United States (exclusively on behalf of EPA), PRPs or other potentially responsible parties, and
