Common use of Covenants Not to Sue Clause in Contracts

Covenants Not to Sue. 21. With respect to the Designated Properties and the Sites (including releases of hazardous substances from any portion of the Designated Properties and the Sites and all areas affected by natural migration of such substances from the Designated Properties and the Sites), including but not limited to the Not Owned Portions of the Xxxxxx Springs Site (including releases of hazardous substances from any portion of the Not Owned Portions of the Xxxxxx Springs Site and all areas affected by natural migration of such substances from the Site), and except as specifically provided in Section VII (Reservation of Rights), upon the Effective Date and Debtors’ full funding of all Custodial Trust Accounts as set forth in Subparagraph 10(e) of this Settlement Agreement (subject to any credit pursuant to Subparagraph 10(f)), the United States on behalf of US EPA and the States covenant not to sue or assert any civil claims or causes of action against Debtors, the Reorganized Debtors, and the Custodial Trust Parties pursuant to Sections 106, 107 of CERCLA, 42 U.S.C. §§ 9606, 9607; RCRA §§7002, 7003, 42 U.S.C. § 6972, 6973; and any similar state law; or any liabilities or obligations asserted in the United States’ and States’ proofs of claim except as to the Separately Settled Matters. The State of New Mexico further covenants not to sue or assert any civil claims or causes of action against Debtors, the Reorganized Debtors, and the Custodial Trust Parties pursuant to Section 311 of the Clean Water Act, 33 U.S.C. § 1321. With respect to the Xxxx Xxx Site (including releases of hazardous substances from any portion of the Xxxx Xxx Site and all areas affected by natural migration of such substances from the Xxxx Xxx Site), the State of New Mexico further covenants not to sue or assert any civil claims or causes of action against Debtors, the Reorganized Debtors, and the Custodial Trust Parties pursuant to Sections 106, 107 of CERCLA, 42 U.S.C. §§ 9606, 9607; the Resource Conservation and Recovery Act (“RCRA”) §§7002, 7003, 42 U.S.C. § 6972, 6973; and any similar state law; or any liabilities or obligations asserted in its proofs of claim and agrees that any liabilities to it under the Xxxx Xxx Stipulation are resolved and released.