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 compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
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 NYK Shipmanagement Pte., Ltd. 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 NYK Shipmanagement Pte., Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters NYK Shipmanagement Pte., Ltd. 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 NYK Shipmanagement Pte., Ltd. 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 NYK Shipmanagement Pte., Ltd. 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 FirestartersNYK Shipmanagement Pte., Ltd., 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 NYK Shipmanagement Pte., Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ NYK Shipmanagement Pte., Ltd. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ NYK Shipmanagement Pte., Ltd. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
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 CR&R 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 CR&R with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters CR&R 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 CR&R 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-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 CR&R 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 FirestartersCR&R, 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 CR&R is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ CR&R’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ CR&R’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
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 Aiken Chemical Company, Inc. 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 Aiken Chemical Company, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.;
(ii) Facts that were not disclosed by Pyrolites Firestarters Aiken Chemical Company, Inc. 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.; and
(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 Aiken Chemical Company, Inc. 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 Aiken Chemical Company, Inc. 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 FirestartersAiken Chemical Company, Inc., 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 Aiken Chemical Company, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Aiken Chemical Company, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Aiken Chemical Company, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
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 Eastern Pacific Shipping (UK) Ltd. 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 Eastern Pacific Shipping (UK) Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Eastern Pacific Shipping (UK) Ltd. 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 Eastern Pacific Shipping (UK) Ltd. 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 Eastern Pacific Shipping (UK) Ltd. 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 FirestartersEastern Pacific Shipping (UK) Ltd., 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 Eastern Pacific Shipping (UK) Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Eastern Pacific Shipping (UK) Ltd. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Eastern Pacific Shipping (UK) Ltd. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Skyway Trucking School, Inc. 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 Skyway Trucking School, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Skyway Trucking School, Inc. 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 Skyway Trucking School, Inc. 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 Skyway Trucking School, Inc. 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 FirestartersSkyway Trucking School, Inc., 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 Skyway Trucking School, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Skyway Trucking School, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.Settlement
Appears in 1 contract
Samples: Settlement Agreement
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 Xx. Xxxxx 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 Xx. Xxxxx. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xx. Xxxxx 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 Xx. Xxxxx 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-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 Xx. Xxxxx 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, Xx. Xxxxx 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 Xx. Xxxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Xx. Xxxxx’x compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Xx. Xxxxx’x compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.will
Appears in 1 contract
Samples: Settlement Agreement
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 Coso Operating Company LLC 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 Coso Operating Company LLC with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Coso Operating Company LLC 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 Coso Operating Company LLC 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 Coso Operating Company LLC 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 FirestartersCoso Operating Company LLC, 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 Coso Operating Company LLC is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Coso Operating Company LLC’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Coso Operating Company LLC’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 XXXX’S 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 XXXX’S 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.
(iviii) 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.
(viv) Any criminal liability.
(viv) 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 XXXX’S 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-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 XXXX’S 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 FirestartersXXXX’S, 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 XXXX’S is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ MIKE’S compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ XXXX’S compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Belgrade 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 Belgrade with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Belgrade 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 Belgrade 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-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 Belgrade 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 FirestartersBelgrade, 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 Belgrade is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Belgrade’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Belgrade’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 AgreementNOV # XXXX-2021-C00491.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Pyrolites Firestarters Evasive 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 Evasive with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Evasive 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 Evasive represents, warrants and agrees that neither Evasive, nor any of its representatives, will assert, and may will not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-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 Evasive 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 FirestartersEvasive, 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 Evasive is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Evasive’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Evasive’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Walmart 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 Walmart with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Walmart 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 Walmart 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-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 Walmart 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 FirestartersWalmart, 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 Walmart is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Walmart’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Walmart ’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Mercedes-Benz 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 Mercedes-Benz with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Mercedes-Benz 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 Mercedes-Benz 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 Mercedes- Benz 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 FirestartersMercedes-Benz, 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 Mercedes-Benz is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Mercedes-Benz compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Mercedes-Benz compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Soft Jamb Corporation 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 Soft Jamb Corporation with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Soft Jamb Corporation 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 Soft Jamb Corporation 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 XXXX 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 Soft Jamb Corporation 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 FirestartersSoft Jamb Corporation, 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 Soft Jamb Corporation is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Soft Jamb Corporation’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Soft Jamb Corporation’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 SEL 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 SEL with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters SEL 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 SEL 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-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 SEL 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 FirestartersSEL, 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 SEL is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ SEL’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ SEL’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Livyes, 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 Livyes with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxxx 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 Livyes 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-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 Livyes 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 FirestartersLivyes, 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 Livyes is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites FirestartersLivyes’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites FirestartersLivyes’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.result
Appears in 1 contract
Samples: Settlement Agreement
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 Advantus 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 Advantus with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Advantus 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 Advantus 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-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 Advantus 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 FirestartersAdvantus, 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 Advantus is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites FirestartersAdvantus’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites FirestartersAdvantus’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Xxxxxx Foods 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 Xxxxxx Foods with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxxx Foods 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 Xxxxxx Foods 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 Xxxxxx Foods 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 FirestartersXxxxxx Foods, 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 Xxxxxx Foods is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites FirestartersXxxxxx Foods’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites FirestartersXxxxxx Foods’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Lifeworks 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 Lifeworks with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Lifeworks 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 Lifeworks 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-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 Lifeworks 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 FirestartersLifeworks, 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 compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.Lifeworks is
Appears in 1 contract
Samples: Settlement Agreement
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 BakeMark 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 BakeMark with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters BakeMark 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 BakeMark 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-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 BakeMark 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 FirestartersBakeMark, 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 BakeMark is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ BakeMark’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ BakeMark compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(ae) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(bf) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Pyrolites Firestarters Komatsu 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 Komatsu with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Komatsu 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.
(cg) 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 Komatsu 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-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.
(dh) This Settlement Agreement does not limit or affect the rights of Pyrolites Firestarters Komatsu 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 FirestartersKomatsu, 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.
(ei) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Pyrolites Firestarters Komatsu is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Komatsu’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Komatsu’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Givenchy 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 Givenchy with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Givenchy 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 Givenchy 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-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 Givenchy 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 FirestartersGivenchy, 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 Givenchy is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Givenchy’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Givenchy’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 MLA 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 MLA with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters MLA 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 MLA 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-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 MLA 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 FirestartersMLA, 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 MLA is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ MLA’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ MLA’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB may have based on the known circumstances described in the Case Background above, including for the violations alleged in this Settlement Agreementthe NOV.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Pyrolites Firestarters Crimson 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 Crimson with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Crimson 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 Crimson 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-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 Crimson 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 FirestartersCrimson, 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 Crimson is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Crimson’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Crimson’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 OWH Shipmanagement GmbH 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 OWH Shipmanagement GmbH with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters OWH Shipmanagement GmbH 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 OWH Shipmanagement GmbH 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 OWH Shipmanagement GmbH 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 FirestartersOWH Shipmanagement GmbH, 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 OWH Shipmanagement GmbH is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ OWH Shipmanagement GmbH compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ OWH Shipmanagement GmbH compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Rolling Green Inc. 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 Rolling Green Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Rolling Green Inc. 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 Rolling Green Inc. 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 Rolling Green Inc. 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 FirestartersRolling Green Inc., 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 Rolling Green Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Rolling Green Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Rolling Green Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.this
Appears in 1 contract
Samples: Settlement Agreement
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 White Energy 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 White Energy with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters White Energy 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 White Energy 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 FirestartersWhite Energy, 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 White Energy is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ White Energy’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ White Energy’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves all claims that CARB has brought, or could have brought, related to the civil claims of CARB for the facts and violations alleged in this Settlement AgreementAgreement and shall bar any further actions against H Mart, Inc., its principals, officers, receivers, trustees, successors, and assignees, and subsidiaries and parent corporations, and each of their respective principals, officers, receivers, trustees, successors, and assignees, related to the matters addressed herein.
(b) Subject to Paragraph 29 (Release) and Paragraph 35(a) (Effect of Settlement/Reservation of Rights), CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Pyrolites Firestarters H Mart, Inc. 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 H Mart, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters H Mart, Inc. to CARBCARB or otherwise available to CARB through the annual reports submitted to the R3 Database by H Mart, Inc. and/or its subsidiaries.
(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 and subject to Paragraphs 29 (Release) and 35(a)-(b) (Effect of Settlement/Reservation of Rights), H Mart, Inc. 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 H Mart, Inc. 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 FirestartersH Mart, Inc., 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 H Mart, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ H Mart, Inc.'s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ H Mart, Inc.'s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.Settlement
Appears in 1 contract
Samples: Settlement Agreement
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 Contec, Inc. 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 Contec, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Contec, Inc. 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 Contec, Inc. 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-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 Contec, Inc. 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 FirestartersContec, Inc., 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 Contec, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Contec, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Contec, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Oceana 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 Oceana with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Oceana 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 Oceana 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-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 Oceana 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 FirestartersOceana, 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 Oceana is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Oceana’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Oceana’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Tristar 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 Trend Makers and Tristar with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Tristar 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 Trend Makers and Tristar 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 Trend Makers and Tristar 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 FirestartersTrend Makers and Tristar, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, 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 Tristar is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Tristar’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Tristar’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Albertsons 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 Albertsons with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Albertsons 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 Albertsons 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-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 Albertsons 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 FirestartersAlbertsons, 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 Albertsons is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Albertsons’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Albertsons’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 KC Trading 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 KC Trading with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters XX Xxxxxxx 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 KC Trading 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-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 KC Trading 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 FirestartersKC Trading, 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 KC Trading is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ KC Trading’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ KC Trading’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 EC Applications, LLC 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 EC Applications, LLC with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters EC Applications, LLC 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 EC Applications, LLC 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 EC Applications, LLC 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 FirestartersEC Applications, LLC, 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 EC Applications, LLC is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ EC Applications, LLC’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ EC Applications, LLC’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.of
Appears in 1 contract
Samples: Settlement Agreement
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 Bright Star Ship Management, Inc. 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 Bright Star Ship Management, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Bright Star Ship Management, Inc. 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 Bright Star Ship Management, Inc. 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 Bright Star Ship Management, Inc. 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 FirestartersBright Star Ship Management, Inc., 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 Bright Star Ship Management, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Bright Star Ship Management, Inc. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Bright Star Ship Management, Inc. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Guerlain 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 Guerlain with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxxxxx 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 Xxxxxxxx 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-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 Guerlain 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 FirestartersGuerlain, 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 Guerlain is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Guerlain’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Xxxxxxxx’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall applyapply :
(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 Associated Ready Mixed Concrete 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 Associated Ready Mixed Concrete with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Associated Ready Mixed Concrete 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 Associated Ready Mixed Concrete 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 Associated Ready Mixed Concrete 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 FirestartersAssociated Ready Mixed Concrete, 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 Associated Ready Mixed Concrete is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Associated Ready Mixed Concrete’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Associated Ready Mixed Concrete’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Expo Furniture 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 Expo Furniture with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Expo Furniture 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 Expo Furniture 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 Expo Furniture 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 FirestartersExpo Furniture, 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 Expo Furniture is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Expo Furniture’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Expo Furniture’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Sportsman’s 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 Sportsman’s with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Sportsman’s 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 Sportsman’s 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-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 Sportsman’s 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 FirestartersSportsman’s, 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 Sportsman’s is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Sportsman’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Sportsman’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Boden Denizcilik A.S. 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 Boden Denizcilik A.S. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Boden Denizcilik A.S. 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 Boden Denizcilik A.S. 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 Boden Denizcilik A.S. 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 FirestartersBoden Denizcilik A.S., 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 Boden Denizcilik A.S. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Boden Denizcilik A.S. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Boden Denizcilik A.S. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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, and in Notice of Violation CP22-05-05, issued on May 16, 2022.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Pyrolites Firestarters Quality Bicycle Products, GBC 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 Quality Bicycle Products, GBC with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.;
(ii) Facts that were not disclosed by Pyrolites Firestarters Quality Bicycle Products, GBC 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.; and
(vi) Any claim(s) of any officer or agency of the United States or California, 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 Quality Bicycle Products, GBC 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 Quality Bicycle Products, GBC 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 FirestartersQuality Bicycle Products, GBC, 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 Quality Bicycle Products, GBC is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Quality Bicycle Products, GBC’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Quality Bicycle Products, GBC’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Maersk 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 Maersk with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Maersk 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 Maersk 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-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 Maersk 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 FirestartersMaersk, 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 Maersk is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Maersk compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Maersk compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Walmart 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 Walmart with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Walmart 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 Walmart 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-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 Walmart 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 FirestartersWalmart, 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 Walmart is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Walmart compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Walmart’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Suzuki 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 Suzuki with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Suzuki 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 Suzuki 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-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 Suzuki 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 FirestartersSuzuki, 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 Suzuki is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Suzuki’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Suzuki’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 EBC 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 EBC with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters EBC 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 EBC 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-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 EBC 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 FirestartersEBC, 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 EBC is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ EBC’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ EBC’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 CMA CGM S.A. 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 CMA CGM S.A. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters CMA CGM S.A. 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 CMA CGM S.A. 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 CMA CGM S.A. 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 FirestartersCMA CGM S.A., 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 CMA CGM S.A. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.CMA CGM S.A.
Appears in 1 contract
Samples: Settlement Agreement
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 HDK 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 HDK with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters HDK 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 HDK 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-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 HDK 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 FirestartersHDK, 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 HDK is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ HDK compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ HDK’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 XxxXxxxxxx’x 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 XxxXxxxxxx’x with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters XxxXxxxxxx’x 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 XxxXxxxxxx’x 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 XxxXxxxxxx’x 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 FirestartersMacPherson’s, 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 XxxXxxxxxx’x is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.XxxXxxxxxx’x
Appears in 1 contract
Samples: Settlement Agreement
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 Honda 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 Honda with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Honda 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 within 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 Honda 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-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 Honda 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 FirestartersHonda, 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 Honda is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Honda’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Honda’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 AgreementAgreement and NOVs XXXX-2021-C00572 and XXXX-2022-C00572, including any potential claims or orders to require further actions arising out of the alleged violations.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Pyrolites Firestarters Yanmar 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 Yanmar with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Yanmar 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 Yanmar 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-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 Yanmar 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 FirestartersYanmar, 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 Yanmar is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Yanmar’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Yanmar’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 WOES and WOT 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 WOES and WOT with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters XXXX and WOT 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 WOES and WOT 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 WOES and WOT 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 FirestartersWOES and WOT, 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 WOES and WOT is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ WOES and WOT compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ WOES and WOT compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 PG&E 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 PG&E with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters PG&E 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 PG&E 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-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 PG&E 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 FirestartersPG&E, 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 PG&E is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ PG&E’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ PG&E’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Xxxx’x Furniture 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 Xxxx’x Furniture with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxx’x Furniture 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 Xxxx’x Furniture 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 Xxxx’x Furniture 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 FirestartersXxxx’x Furniture, 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 Xxxx’x Furniture is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.Xxxx’x Furniture’s
Appears in 1 contract
Samples: Settlement Agreement
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 AgreementAgreement and in NOV CP22-02-03, which CARB issued on February 10, 2022.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Pyrolites Firestarters Clean Control Corporation 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 Clean Control Corporation with respect toto the following:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Clean Control Corporation 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 Clean Control Corporation 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 XXXX 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 Clean Control Corporation 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 FirestartersClean Control Corporation, 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 Clean Control Corporation is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Clean Control Corporation’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Clean Control Corporation’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Choice Adhesives 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 Choice Adhesives with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Choice Adhesives 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 Choice Adhesives 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 Choice Adhesives 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 FirestartersChoice Adhesives, 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 Choice Adhesives is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites FirestartersChoice Adhesives’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites FirestartersChoice Adhesives’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Vi-Xxx, LLC 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 Vi-Xxx, LLC 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.
(iviii) 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.
(viv) Any criminal liability.
(viv) 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 Vi-Xxx, LLC 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-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 Vi-Xxx, LLC 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 FirestartersVi-Xxx, LLC, 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 Vi-Xxx, LLC is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Vi-Xxx, LLC’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Vi-Xxx, LLC’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Deere 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 Deere with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Deere 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 Deere 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-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 Deere 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 FirestartersDeere, 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 Deere is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Deere’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Deere’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 SCHNITZER 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 SCHNITZER with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters SCHNITZER 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 SCHNITZER 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-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 SCHNITZER 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 FirestartersSCHNITZER, 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 SCHNITZER is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ SCHNITZER’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ SCHNITZER’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Burrtec and its Affiliates 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 Burrtec and its Affiliates with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Burrtec and its Affiliates 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 Burrtec and its Affiliates 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 Burrtec and its Affiliates 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 FirestartersBurrtec and its Affiliates, 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 Burrtec and its Affiliates are responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites FirestartersBurrtec and its Affiliates’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites FirestartersBurrtec and its Affiliates’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Xxxx Trucking 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 Xxxx Trucking with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Earl Trucking 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 Xxxx Trucking 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 Xxxx Trucking 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 FirestartersEarl Trucking, 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 Xxxx Trucking is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Xxxx Trucking’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Xxxx Trucking’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Timber Products 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 Timber Products with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Timber Products 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 Timber Products 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 Timber Products 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 FirestartersTimber Products, 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 Timber Products is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites FirestartersTimber Products’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites FirestartersTimber Products’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) 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. b. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Pyrolites Firestarters Cummins with respect to:
(i) i. Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) . Facts that were not disclosed by Pyrolites Firestarters Cummins 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) iv. Any criminal liability.
(vi) v. Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) 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 Cummins 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) d. This Settlement Agreement does not limit or affect the rights of Pyrolites Firestarters Cummins 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 FirestartersCummins, 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) 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 Cummins is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites FirestartersCummins’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites FirestartersCummins’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Alorair 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 Alorair with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxxxx 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 Alorair 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-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 Alorair 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 FirestartersXxxxxxx, 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 Alorair is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Alorair’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Alorair’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Dia Chemical Co., Ltd. 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 Dia Chemical Co., Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Dia Chemical Co., Ltd. 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 Dia Chemical Co., Ltd. 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 Dia Chemical Co., Ltd. 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 FirestartersDia Chemical Co., Ltd., 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 Dia Chemical Co., Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.applicable
Appears in 1 contract
Samples: Settlement Agreement
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 Rock Creek Solid Waste Facility 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 Rock Creek Solid Waste Facility with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Rock Creek Solid Waste Facility 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 Rock Creek Solid Waste Facility 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 Rock Creek Solid Waste Facility 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 FirestartersRock Creek Solid Waste Facility, 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 Rock Creek Solid Waste Facility is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Rock Creek Solid Waste Facility’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Rock Creek Solid Waste Facility’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Dimensional Outlet 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 Dimensional Outlet with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Dimensional Outlet 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 Dimensional Outlet 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 Dimensional Outlet 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 FirestartersDimensional Outlet, 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 Dimensional Outlet is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.applicable
Appears in 1 contract
Samples: Settlement Agreement
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 Xxxxx Xxxxxx Company 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 Xxxxx Xxxxxx Company with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxx Xxxxxx Company 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 Xxxxx Xxxxxx Company 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 Xxxxx Xxxxxx Company 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 FirestartersXxxxx Xxxxxx Company, 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 Xxxxx Xxxxxx Company is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Xxxxx Xxxxxx Company’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Xxxxx Xxxxxx Company’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Home Depot 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 Home Depot with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Home Depot 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 Home Depot 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-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 Home Depot 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 FirestartersHome Depot, 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 Home Depot is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Home Depot compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.in
Appears in 1 contract
Samples: Settlement Agreement
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 Save Mart 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 Save Mart with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Save Mart 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 Save Mart 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-claim- splitting, or other defenses based upon any contention that the claims raised by CARB XXXX 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 Save Mart 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 FirestartersSave Mart, 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 Save Mart is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Save Mart’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Save Mart’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 VP Racing 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 VP Racing with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters VP Racing 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 VP Racing 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-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 VP Racing 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 FirestartersVP Racing, 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 VP Racing is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ VP Racing’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ VP Racing’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Seaspan Ship Management Ltd. 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 Seaspan Ship Management Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Seaspan Ship Management Ltd. 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 Seaspan Ship Management Ltd. 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 Seaspan Ship Management Ltd. 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 FirestartersSeaspan Ship Management Ltd., 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 Seaspan Ship Management Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Seaspan Ship Management Ltd. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Seaspan Ship Management Ltd. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the all civil and administrative 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 Xxxxxxxxx Forge Company 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 Xxxxxxxxx Forge Company with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxxxxxx Forge Company 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 Xxxxxxxxx Forge Company 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 Xxxxxxxxx Forge Company 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 FirestartersXxxxxxxxx Forge Company, 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 Xxxxxxxxx Forge Company is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Xxxxxxxxx Forge Company’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Xxxxxxxxx Forge Company’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Pyranha 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 Pyranha with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxxxx 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 Pyranha 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-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 Pyranha 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 FirestartersPyranha, 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 Pyranha is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Pyranha’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Pyranha’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 IWP 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 IWP with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters IWP 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 IWP 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-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 IWP 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 FirestartersIWP, 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 IWP is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ IWP’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ IWP’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 ODC 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 ODC with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters ODC 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 ODC 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-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 ODC 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 FirestartersODC, 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 ODC is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ ODC’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ ODC’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 G-Marine Service Co., Ltd. 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 G-Marine Service Co., Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters G-Marine Service Co., Ltd. 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 G-Marine Service Co., Ltd. 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 G-Marine Service Co., Ltd. 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 FirestartersG-Marine Service Co., Ltd., 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 G-Marine Service Co., Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ G-Marine Service Co., Ltd. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ G-Marine Service Co., Ltd. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Draco Buren Shipping Pte., Ltd. 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 Draco Buren Shipping Pte., Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxx Xxxxx Shipping Pte., Ltd. 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 Draco Buren Shipping Pte., Ltd. 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 Draco Buren Shipping Pte., Ltd. 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 FirestartersDraco Buren Shipping Pte., Ltd., 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 Draco Buren Shipping Pte., Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.all
Appears in 1 contract
Samples: Settlement Agreement
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 Xxxxxxx-Xxxxxxxx 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 Xxxxxxx-Xxxxxxxx with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxxxx-Xxxxxxxx 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 Xxxxxxx-Xxxxxxxx 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 Xxxxxxx- Xxxxxxxx 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 FirestartersXxxxxxx-Xxxxxxxx, 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 Xxxxxxx-Xxxxxxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites FirestartersXxxxxxx-Xxxxxxxx’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.in
Appears in 1 contract
Samples: Settlement Agreement
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 Xxxx 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 Xxxx with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxx 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 Xxxx 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-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 Xxxx 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 FirestartersXxxx, 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 Xxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Xxxx’x compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Xxxx’x compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 SDG&E 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 SDG&E with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters SDG&E 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 SDG&E 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-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 SDG&E 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 FirestartersSDG&E, 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 SDG&E is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ SDG&E compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ SDG&E compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.result
Appears in 1 contract
Samples: Settlement Agreement
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 Honda 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 Honda with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Honda 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 Honda 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-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 Honda 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 FirestartersHonda, 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 Honda is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Honda’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Honda’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 FCA 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 FCA with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters FCA 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 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 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 FCA 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 FirestartersFCA, 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 FCA is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ FCA ‘s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ FCA’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.. ACKNOWLEDGED AND ACCEPTED BY: Signature: /S/ Name: Xxxxxx X. Xxxxx, Ph.D. Title: Executive Officer Date: January 22, 2024 Signature: /S/ Name: Xxxxxx Xxxxx Title: Senior Vice President, Technical Safety and Regulatory Compliance Date: December 21, 2023
Appears in 1 contract
Samples: Settlement Agreement
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 Xxxxxx Schiffahrts GmbH & Co. KG 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 Xxxxxx Schiffahrts GmbH & Co. KG with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxxx Xxxxxxxxxxx GmbH & Co. KG 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 Xxxxxx Schiffahrts GmbH & Co. KG 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 Xxxxxx Schiffahrts GmbH & Co. KG 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 FirestartersXxxxxx Schiffahrts GmbH & Co. KG, 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 Xxxxxx Schiffahrts GmbH & Co. KG is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Xxxxxx Schiffahrts GmbH & Co. KG compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Xxxxxx Schiffahrts GmbH & Co. KG compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 STEADY GARAGE 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 STEADY GARAGE with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.,
(ii) Facts that were not disclosed by Pyrolites Firestarters STEADY GARAGE 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., or
(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 STEADY GARAGE 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 STEADY GARAGE 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 FirestartersSTEADY GARAGE, 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 STEADY GARAGE is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ STEADY GARAGE’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ STEADY GARAGE’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Caterpillar 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 Caterpillar with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Caterpillar 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 Caterpillar 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-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 Caterpillar 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 FirestartersCaterpillar, 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 Caterpillar is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Caterpillar’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Caterpillar’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Winplus 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 Winplus with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Winplus 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 Winplus 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-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 Winplus 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 FirestartersWinplus, 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 Winplus is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites FirestartersWinplus’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites FirestartersWinplus’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Mediterranean Shipping Company S.A. 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 Mediterranean Shipping Company S.A. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Mediterranean Shipping Company S.A. 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 Mediterranean Shipping Company S.A. 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 Mediterranean Shipping Company S.A. 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 FirestartersMediterranean Shipping Company S.A., 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 Mediterranean Shipping Company S.A. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Mediterranean Shipping Company S.A. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Mediterranean Shipping Company S.A. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Lornamead Inc. 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 Lornamead Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Lornamead Inc. 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 Lornamead Inc. 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 Lornamead Inc. 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 FirestartersLornamead Inc., 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 Lornamead Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Lornamead Inc’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.CARB
Appears in 1 contract
Samples: Settlement Agreement
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 Santoku Senpaku Co., Ltd. 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 Santoku Senpaku Co., Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Santoku Senpaku Co., Ltd. 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 Santoku Senpaku Co., Ltd. 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 Santoku Senpaku Co., Ltd. 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 FirestartersSantoku Senpaku Co., Ltd., 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 Santoku Senpaku Co., Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Santoku Senpaku Co., Ltd. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Santoku Senpaku Co., Ltd. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Poundex 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 Poundex with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Poundex 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 Insofar as any subsequent administrative or judicial proceeding initiated action by CARB relating to the enforcement of this Settlement Agreement is concerned, including one for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreementrelief, Pyrolites Firestarters Poundex 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 enforcement 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 Poundex 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 FirestartersPoundex, 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.
(ed) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Pyrolites Firestarters Poundex is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Poundex’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Poundex’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Max Blaster 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 Max Blaster with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Max Blaster 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 Max Blaster 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-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 Max Blaster 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 FirestartersMax Blaster, 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 Max Blaster is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Max Blaster compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.in
Appears in 1 contract
Samples: Settlement Agreement
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 STI 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 STI with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters STI 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 STI 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-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 STI 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 FirestartersSTI, 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 STI is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ STI’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites FirestartersSTI’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Wallem Group Ltd. 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 Wallem Group Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Wallem Group Ltd. 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 Wallem Group Ltd. 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 Wallem Group Ltd. 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 FirestartersWallem Group Ltd., 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 Wallem Group Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Wallem Group Ltd. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Wallem Group Ltd. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Xxxxxxxx Transportation Inc. 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 Xxxxxxxx Transportation Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxxxxx Transportation Inc. 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 Xxxxxxxx Transportation Inc. 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 Xxxxxxxx Transportation Inc. 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 FirestartersXxxxxxxx Transportation Inc., 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 Xxxxxxxx Transportation Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Xxxxxxxx Transportation Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Xxxxxxxx Transportation Inc.’s compliance with any aspect of this Settlement Agreement will shall result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 iRobot 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 iRobot with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters iRobot 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 iRobot 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-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 iRobot 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 FirestartersiRobot, 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 iRobot is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ iRobot compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ iRobot compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Rust-Oleum 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 Rust-Oleum with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxx-Xxxxx 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 Rust-Oleum 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 Rust-Oleum 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 FirestartersRust-Oleum, 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 Rust-Oleum is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Rust-Oleum’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Rust-Oleum’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Sakar 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 Sakar with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxx 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 Sakar 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-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 Sakar 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 FirestartersSakar, 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 Sakar is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Sakar’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Sakar’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Xxxxxxx 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 Angelus with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxxxx 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 Angelus 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-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 Angelus 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 FirestartersXxxxxxx, 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 Angelus is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites FirestartersAngelus’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites FirestartersAngelus’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Xxxxxxxx Bros. Drilling, Inc. 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 Xxxxxxxx Bros. Drilling, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Xxxxxxxx Bros. Drilling, Inc. 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 Xxxxxxxx Bros. Drilling, Inc. 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 Xxxxxxxx Bros. Drilling, Inc. 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 FirestartersXxxxxxxx Bros. Drilling, Inc., 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 Xxxxxxxx Bros. Drilling, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites Firestarters’ Xxxxxxxx Bros. Drilling, Inc. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites Firestarters’ Xxxxxxxx Bros. Drilling, Inc. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement
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 Lowe’s 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 Lowe’s with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Pyrolites Firestarters Lowe’s 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 Lowe’s 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-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 Lowe’s 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 FirestartersLowe’s, 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 Lowe’s is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Pyrolites FirestartersLowe’s’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Pyrolites FirestartersLowe’s’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Samples: Settlement Agreement