Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Pyrolites Firestarters with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Pyrolites Firestarters with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Pyrolites Firestarters shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Pyrolites Firestarters or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Pyrolites Firestarters, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Pyrolites Firestarters is responsible for achieving and maintaining complianc...
Effect of Settlement/Reservation of Rights. 60. This Consent Decree resolves the civil claims of the United States for the violations alleged in the Complaint filed in this action through the date of lodging.
61. The United States reserves all legal and equitable remedies available to enforce the provisions of this Consent Decree, except as expressly stated in Paragraph 60. This Consent Decree shall not be construed to limit the rights of the United States to obtain penalties or injunctive relief under the Act or implementing regulations, or under other federal laws, regulations, or permit conditions, except as expressly specified in Paragraph 60.
62. In any subsequent administrative or judicial proceeding initiated by the United States for injunctive relief, civil penalties, other appropriate relief relating to Defendant=s violations, Defendant shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by the United States in the subsequent proceeding were or should have been brought in the instant case, except with respect to claims that have been specifically resolved pursuant to Paragraph 60 of this Section.
63. This Consent Decree is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Defendant is responsible for achieving and maintaining complete compliance with all applicable federal, State, and local laws, regulations, and permits; and Defendant=s compliance with this Consent Decree shall be no defense to any action commenced pursuant to any such laws, regulations, or permits, except as set forth herein. The United States does not, by its consent to the entry of this Consent Decree, warrant or aver in any manner that Defendant=s compliance with any aspect of this Consent Decree will result in compliance with provisions of the Act, 33 U.S.C. '' 1311 and 1342 et seq., or with any other provisions of federal, State, or local laws, regulations, or permits.
64. This Consent Decree does not limit or affect the rights of Defendant or of the United States against any third parties, not party to this Consent Decree, nor does it limit the rights of third parties, not party to this Consent Decree, against Defendant, except as otherwise provided by law.
65. This Consent Decree shall not be construed to create rights in, or grant any cause of action to, any third ...
Effect of Settlement/Reservation of Rights. (A) Subject to paragraphs (B) and (C) below, in consideration of the monetary relief described in paragraph 8(A), the non-monetary relief described in paragraph 8(C), the admissions in paragraph 9, certain of the undertakings to which Volkswagen and/or Porsche have agreed in the U.S. First, Second, and Third Partial Consent Decrees, the 3.0 Liter Class Action Settlement, and the FTC’s proposed Second Partial Stipulated Order, to the extent approved by the MDL Court, as set forth in paragraph 10, and the XXX Commitment described in paragraph 11, and upon Volkswagen’s payment of the amount contemplated in paragraph 8(A), above:
i. Each Section 177 State releases Volkswagen, Porsche, their affiliates and any of Volkswagen’s, Porsche’s or their affiliates’ former, present or future owners, shareholders, directors, officers, employees, attorneys, parent companies, subsidiaries, predecessors, successors, dealers, agents, assigns and representatives (collectively, the “Released Parties”20), from all Environmental Claims arising from or related to the Covered Conduct, including, without limitation, penalties, fines, or other monetary payments and/or injunctive relief.
ii. Each Section 177 State releases the Released Parties from all UDAP Injunctive and Restitution Claims (and any other claims under the UDAP Laws) to the extent not already released in the First Partial Settlement Agreement, arising from or related to the Covered Conduct concerning the Subject Vehicles, upon the MDL Court’s approval of the U.S. Second Partial Consent Decree, the
Effect of Settlement/Reservation of Rights. (A) Subject to paragraphs (B) and (C) below, in consideration of the monetary relief described in paragraph 6(A), the non-monetary relief described in paragraphs 6(B) and 6(C), the admissions in paragraph 7, and the undertakings to which Volkswagen has agreed in the Class Action Settlement, the DOJ Consent Decree and the FTC Order, and upon Volkswagen’s payment of the amount contemplated in paragraph 6(A), above:
i. Each State releases Volkswagen, Porsche, their affiliates and any of Volkswagen’s, Porsche’s or their affiliates’ former, present or future owners, shareholders, directors, officers, employees, attorneys, parent companies, subsidiaries, predecessors, successors, dealers, agents, assigns and representatives (collectively, the “Released Parties”) from all non-injunctive civil claims that were brought or could be brought under UDAP Laws arising from or related to the Covered Conduct, including (i) restitution or other monetary payments to consumers; and (ii) penalties, fines, restitution or other monetary payments to the States.
ii. Each State releases the Released Parties from all civil claims that were brought or could be brought under UDAP Laws for injunctive relief arising from or related to the Covered Conduct concerning the Subject Vehicles, upon the MDL Court’s approval of the Class Action Settlement, the FTC Order, and the DOJ Consent Decree and subject to Volkswagen fulfilling its obligations thereunder.
iii. Each State’s release under this Agreement includes claims that the State brought or could have brought under UDAP Laws: (a) in the States’ sovereign enforcement capacity; and (b) as parens patriae on behalf of State citizens.
(B) The States reserve, and this Agreement is without prejudice to, all claims, rights and remedies against Volkswagen, Porsche and their affiliates, and Volkswagen, Porsche and their affiliates reserve, and this Agreement is without prejudice to, all defenses, with respect to all matters not expressly released in paragraph 8(A) herein, including, without limitation:
i. any claims arising under state tax laws;
ii. any claims for the violation of securities laws; iii. any criminal liability;
Effect of Settlement/Reservation of Rights. (a) Notwithstanding any other provision of this Agreement, CARB and BAAQMD reserve the right to bring an action to enforce the terms of this Agreement.
(b) This Agreement does not limit or affect the rights of McWane, CARB or BAAQMD against any third parties not covered by this Agreement, nor does it limit the rights of third parties not covered by this Agreement against XxXxxx, except as otherwise provided by law. This Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Agreement.
(c) This Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. XxXxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits. CARB and BAAQMD do not, by its execution of this Agreement, warrant or aver in any manner that XxXxxx’x compliance with any aspect of this Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Effect of Settlement/Reservation of Rights. 8. This Settlement Agreement, upon entry, resolves the judicial civil penalty and injunctive relief causes of action of the United States against ATP for the violations alleged in the Complaint filed in this action. This Agreement shall constitute a final judgment of the Court as to the United States and ATP for the causes of action alleged in the Complaint. This is an agreed consent judgment, and the Court has made no findings of liability against ATP.
9. This Settlement Agreement constitutes a final judgment under Federal Rules of Civil Procedure 54 and 58, and it shall constitute an enforceable judgment in accordance with Rule 69 of the Federal Rules of Civil Procedure and the Federal Debt Collection Procedure Act, 28 U.S.C. §§ 3001-3308, and other applicable authority.
10. The United States reserves all legal and equitable claims for, including but not limited to, criminal liability, other claims filed in the Bankruptcy Case, and other appropriate relief. This Settlement Agreement shall not be construed to limit the rights of the United States to obtain additional relief under any federal law, state law, implementing regulations of federal or State law, or permit conditions, except as expressly specified in this Agreement.
11. This Settlement Agreement does not limit or affect the rights of the Trustee or of the United States against any third parties that are not party to this Agreement, including the Trustee’s and/or ATP’s claims against BP Exploration & Production, Inc., BP America Production Company, BP p.l.c., Halliburton Energy Services, Inc., Sperry Drilling Services, Transocean Ltd., Triton Asset Leasing GmbH, and/or any other party that is alleged to have caused damages as alleged by the Trustee and/or ATP in Civil Action No. 13-cv-01962, ATP Oil & Gas Corporation v. BP Exploration & Production, Inc., et al., in the United States District Court for the Eastern District of Louisiana. Nor does this Settlement Agreement limit or affect the rights of third parties that are not party to this Agreement against ATP or the Trustee, except as otherwise provided by law.
12. The Trustee hereby covenants not to sue and agrees not to assert any claims related to the violations alleged in the Complaint against the United States pursuant to the CWA, the Oil Pollution Act, or any other federal law, state law, or regulation including, but not limited to, any direct or indirect claim for reimbursement from the Oil Spill Liability Trust Fund, or pursuant to any ...
Effect of Settlement/Reservation of Rights a) Satisfaction of all the requirements of this Settlement Agreement shall resolve and settle all of CARB’s civil and/or administrative claims against VW that arise out of or relate to the allegations described in Paragraph (6).
b) This Settlement Agreement does not resolve or settle any claims, rights or remedies against VW (including without limitation those that may arise out of or relate to the allegations described in Paragraph (6)) that may be held by or asserted by the State of California, by any California government agency other than CARB, or by any other person or entity.
c) In the event of a subsequent judicial proceeding brought by the State of California or a government agency other than CARB for injunctive relief, civil penalties, or other relief, VW shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised in the subsequent proceeding were or should have been brought in the instant case, except with respect to the claims that have been specifically released by CARB in this Settlement Agreement.
d) This Settlement Agreement does not limit or affect the rights of VW or of CARB against any third parties, not party to this Settlement Agreement, nor does it limit the rights of third parties, not party to this Settlement Agreement, against VW, except as otherwise provided by law.
e) This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not party to this Settlement Agreement. No third party shall be entitled to enforce any aspect of this Settlement Agreement or claim any legal or equitable injury for a violation of this Settlement Agreement.
Effect of Settlement/Reservation of Rights a. Satisfaction of all the requirements of this Settlement Agreement shall resolve and settle all of CARB’s civil and/or administrative claims against FCA that arise out of or relate to the allegations described in Paragraph (6).
b. This Settlement Agreement does not resolve or settle any claims, rights or remedies against FCA including without limitation those that may arise out of or relate to the allegations described in Paragraph (6) that may be held by or asserted by the State of California, by any California government agency other than CARB.
c. In the event of a subsequent judicial proceeding brought by the State of California or a government agency other than CARB for injunctive relief, civil penalties, or other relief, FCA shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised in the subsequent proceeding were or should have been brought in the instant case, except with respect to the claims that have been specifically released by CARB in this Settlement Agreement.
d. This Settlement Agreement does not limit or affect the rights of FCA or of CARB against any third parties that are not a party to this Settlement Agreement (“Third Parties”), nor does it limit the rights of Third Parties against FCA or against CARB, except as otherwise provided by law.
e. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any Third Party. No Third Party shall be entitled to enforce any aspect of this Settlement Agreement or claim any legal or equitable injury for a violation of this Settlement Agreement.
Effect of Settlement/Reservation of Rights. 8. This Settlement Agreement, upon entry, resolves the judicial civil penalty and injunctive relief causes of action of the United States against ATP for the violations alleged in the Complaint filed in this action. This Agreement shall constitute a final judgment of the Court as to the United States and ATP for the causes of action alleged in the Complaint. This is an agreed consent judgment, and the Court has made no findings of liability against ATP.
9. This Settlement Agreement constitutes a final judgment under Federal Rules of Civil Procedure 54 and 58, and it shall constitute an enforceable judgment in accordance with Rule 69 of the Federal Rules of Civil Procedure and the Federal Debt Collection Procedure Act, 28 U.S.C. §§ 3001-3308, and other applicable authority.
10. The United States reserves all legal and equitable claims for, including but not limited to, criminal liability, other claims filed in the Bankruptcy Case, and other appropriate relief. This Settlement Agreement shall not be construed to limit the rights of the United States to obtain additional relief under any federal law, state law, implementing regulations of federal or State law, or permit conditions, except as expressly specified in this Agreement.
11. This Settlement Agreement does not limit or affect the rights of the Trustee or of the United States against any third parties that are not party to this Agreement, including the Trustee’s and/or ATP’s claims against BP Exploration & Production, Inc., BP America Production Company, BP p.l.c., Halliburton Energy Services, Inc., Sperry Drilling Services, Transocean Ltd., Triton Asset Leasing GmbH, and/or any other party that is alleged to have caused damages as alleged by the Trustee and/or ATP in Civil Action No. 13-cv-01962, ATP Oil & Gas Corporation v. BP Exploration & Production, Inc., et al., in the United States District Court for the Eastern District of Louisiana. Nor does this Settlement Agreement limit or affect the rights of third parties that are not party to this Agreement against ATP or the Trustee, except as otherwise provided by law.
12. The Trustee hereby covenants not to sue and agrees not to assert any claims related to the violations alleged in the Complaint against the United States pursuant to the CWA, the Oil Pollution Act, or any other federal law, state law, or regulation including, but not limited to, any direct or indirect claim for reimbursement from the Oil Spill Liability Trust Fund, or pursuant to any ...
