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 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 CR&R with respect to: (i) Noncompliance with or enforcement of any provision of this Settlement Agreement. (ii) Facts that were not disclosed by 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, 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- 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 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 CR&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. CR&R is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; 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 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 CR&R 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 CR&R Pyrolites Firestarters with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RPyrolites 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. CR&R Pyrolites Firestarters is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RNYK 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. CR&R NYK Shipmanagement Pte., Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RAiken 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. CR&R Aiken Chemical Company, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RAiken 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 CR&RAiken 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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&ROWH 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. CR&R OWH Shipmanagement GmbH is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RRolling 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. CR&R Rolling Green Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RRolling 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 CR&RRolling 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 CR&R Arkalon 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 CR&R Arkalon with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Arkalon 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, CR&R Arkalon 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 CR&R Arkalon 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 CR&RArkalon, 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. CR&R Arkalon is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RArkalon’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 CR&RArkalon’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 all of CARB’s claims of CARB for the violations alleged in the Complaint in this Settlement Agreementmatter.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against CR&R BEST 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 CR&R BEST with respect to:
(i) i. Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by 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 alleged in the Complaint and therefore not resolved in this Settlement Agreement.
(iv) iii. Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to resulting from conduct not expressly alleged in the violations addressed in Complaint and therefore not resolved by this Settlement Agreement or otherwiseAgreement.
(v) Any criminal liability.
(vi) iv. Any claim(s) of any officer or agency of the United States or California, other than CARBCalifornia not bound by this Settlement Agreement. This Settlement Agreement is made and entered into by and on behalf of CARB only.
(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, CR&R BEST 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 CR&R BEST 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 CR&RBEST, 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. CR&R BEST is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RBEST’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 waver in any manner that CR&RBEST’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 CR&R AFNA 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 CR&R AFNA with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R AFNA 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, CR&R AFNA 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 CR&R AFNA 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 CR&RAFNA , 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. CR&R AFNA is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s AFNA 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 CR&R’s AFNA 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 CR&R 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 CR&R SCHNITZER with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RSCHNITZER, 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. CR&R SCHNITZER is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RSCHNITZER’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 CR&RSCHNITZER’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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RBurrtec 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. CR&R is Burrtec and its Affiliates are responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s Burrtec 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 CR&R’s Burrtec 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 CR&R 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 CR&R Xxxx Trucking with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&REarl 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. CR&R Xxxx Trucking is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RXxxx 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 CR&RXxxx 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 CR&R 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 CR&R KC Trading with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RKC 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. CR&R KC Trading is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RKC 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 CR&RKC 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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&REC 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. CR&R EC Applications, LLC is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&REC 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 CR&REC 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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RBright 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. CR&R Bright Star Ship Management, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R 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 CR&R 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 CR&R 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, 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- 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 CR&R 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 CR&RBurrtec 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.
(ed) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. CR&R is responsible Burrtec and its Affiliates are not relieved from responsibility for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s Burrtec 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 CR&R’s Burrtec 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 CR&R Bahia Sternwheelers, 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 CR&R Bahia Sternwheelers, Inc., with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Xxxxx Xxxxxxxxxxxxx, 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, CR&R Bahia Sternwheelers, 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 CR&R Bahia Sternwheelers, 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 CR&RBahia Sternwheelers, 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. CR&R Bahia Sternwheelers, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RBahia Sternwheelers, 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 CR&RBahia Sternwheelers, 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 CR&R 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 CR&R Xxxx with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RXxxx, 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. CR&R Xxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R 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 CR&R Maersk with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RMaersk, 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. CR&R Maersk is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R 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 CR&R SDG&E with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RSDG&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. CR&R SDG&E is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R A2Z Ozone 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 CR&R A2Z Ozone with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R A2Z Ozone 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, CR&R A2Z Ozone 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 CR&R A2Z Ozone 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 CR&RA2Z Ozone, 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. CR&R A2Z Ozone is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RA2Z Ozone’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 CR&R’s A2Z Ozone 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 CR&R Mizkan 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 CR&R Mizkan with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Mizkan 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, CR&R Mizkan 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 CR&R Mizkan 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 CR&RMizkan, 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. CR&R Mizkan is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RMizkan’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 CR&RMizkan’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 CR&R Revlon 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 CR&R Revlon with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Revlon 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, CR&R Revlon 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 CR&R Revlon 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 CR&RRevlon, 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. CR&R Revlon is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RRevlon’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 CR&RRevlon’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 CR&R Chanel 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 CR&R Chanel with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R Chanel 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 CR&R Chanel 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 CR&RChanel, 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. CR&R Chanel is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RChanel’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 CR&RChanel’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 CR&R CJBBB, 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 CR&R CJBBB, INC. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R CJBBB, 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, CR&R CJBBB, 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 CR&R CJBBB, 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 CR&RCJBBB, 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. CR&R CJBBB, INC. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s CJBBB, 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 CR&R’s CJBBB, 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 CR&R NFA and MCI 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 CR&R NFA and MCI with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R NFA or MCI 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, CR&R NFA and MCI 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 CR&R NFA and MCI 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 CR&RNFA or MCI, 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. CR&R is NFA and MCI are responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RNFA’s or MCI’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 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.any
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 CR&R CSW 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 CR&R CSW with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R CSW 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, CR&R CSW 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 CR&R CSW 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 CR&RCSW, 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. CR&R CSW is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RCSW’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 CR&RCSW’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 CR&R Grand SK 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 CR&R Grand SK with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Grand SK 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, CR&R Grand SK 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 CR&R Grand SK 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 CR&RGrand SK, 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. CR&R Grand SK is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RGrand SK’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 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.any
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 CR&R Acheon Akti Navigation Company, 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 CR&R Acheon Akti Navigation Company, Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Acheon Akti Navigation Company, 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, CR&R Acheon Akti Navigation Company, 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- 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 CR&R Acheon Akti Navigation Company, 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 CR&RAcheon Akti Navigation Company, 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. CR&R Acheon Akti Navigation Company, Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; 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 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.with
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 CR&R XXXX Xxxxxx 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 CR&R XXXX Xxxxxx with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R XXXX 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, CR&R XXXX Xxxxxx 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 CR&R XXXX Xxxxxx 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 CR&RXXXX Xxxxxx, 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. CR&R XXXX Xxxxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RCERF Shelby’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 CR&RCERF Xxxxxx’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 CR&R 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 CR&R Xx. Xxxxx. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&R, 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. CR&R Xx. Xxxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R 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 CR&R Guerlain with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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 CR&R 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 CR&RGuerlain, 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. CR&R Guerlain is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RGuerlain’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 CR&RXxxxxxxx’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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RAssociated 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. CR&R Associated Ready Mixed Concrete is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RAssociated 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 CR&RAssociated 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 CR&R 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 CR&R Expo Furniture with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RExpo 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. CR&R Expo Furniture is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RExpo 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 CR&RExpo 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 CR&R 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 CR&R Sportsman’s with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RSportsman’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. CR&R Sportsman’s is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RSportsman’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 CR&RSportsman’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 CR&R Costamare 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 CR&R Costamare 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 CR&R Costamare 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, CR&R Costamare 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- 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 CR&R Costamare 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 CR&RCostamare 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. CR&R Costamare Shipping Company S.A. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; 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 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 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 CR&R Capital Brands 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 CR&R Capital Brands with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Capital Brands 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, CR&R Capital Brands 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 CR&R Capital Brands 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 CR&RCapital Brands, 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. CR&R Capital Brands is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s Capital Brands 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 CR&R’s Capital Brands 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 CR&R XX Xxxxxx 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 CR&R XX Xxxxxx with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R XX 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, CR&R XX Xxxxxx 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 CR&R XX Xxxxxx 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 CR&RXX Xxxxxx, 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. CR&R XX Xxxxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s XX Xxxxxx’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 CR&R’s XX Xxxxxx’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 CR&R Cleanocean Shipmanagement, 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 CR&R Cleanocean Shipmanagement, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Cleanocean Shipmanagement, 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, CR&R Cleanocean Shipmanagement, 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 CR&R Cleanocean Shipmanagement, 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 CR&RCleanocean Shipmanagement, 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. CR&R Cleanocean Shipmanagement, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s Cleanocean Shipmanagement, 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 CR&R’s Cleanocean Shipmanagement, 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 CR&R 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 CR&R Xxxxxxx with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R Xxxxxxx 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 CR&R Xxxxxxx 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 CR&RXxxxxxx, 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. Xxxxxxx reserves all defenses and all rights and remedies, legal and equitable, available to it in any action by a non-party pertaining to the Agreement, or any other federal, state or local statute, rule or regulation.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. CR&R Xxxxxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s Xxxxxxx’ 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 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.that
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 CR&R 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 CR&R Advantus with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RAdvantus, 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. CR&R Advantus is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s Advantus’ 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 CR&R’s Advantus’ 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 CR&R 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 CR&R Xxxxxx Foods with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RXxxxxx 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. CR&R Xxxxxx Foods is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s Xxxxxx 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 CR&R’s Xxxxxx 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 CR&R 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 CR&R Rust-Oleum with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RRust-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. CR&R Rust-Oleum is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RRust-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 CR&RRust-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 CR&R TSV 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 CR&R TSV with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R TSV to CARBCARB regarding any SORE equipment or OHRV not covered by the NOV #VES-2023-003.
(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, CR&R TSV 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 CR&R TSV 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 CR&RTSV, 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. CR&R TSV is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RTSV’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 CR&RTSV’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 as set out in this Settlement AgreementNotice of Violation CP22-04-05.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against CR&R STLCC, with respect to all matters not expressly resolved set out in this Settlement AgreementNotice of Violation CP22-04-05. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against CR&R STLCC with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R STLCC 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 set out in this Settlement AgreementNotice of Violation CP22-04-05.
(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, CR&R STLCC 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 CR&R STLCC 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 CR&RSTLCC, 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. CR&R STLCC is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s STLCC ‘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 CR&RSTLCC’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 CR&R 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 CR&R FCA with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RFCA, 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. CR&R FCA is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&RFCA’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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RXxxxxx 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. CR&R Xxxxxx Schiffahrts GmbH & Co. KG is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R 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 CR&R STEADY GARAGE with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.,
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RSTEADY 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. CR&R STEADY GARAGE is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RSTEADY 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 CR&RSTEADY 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 (including regulatory 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 CR&R PCM 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 CR&R PCM with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R PCM 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, CR&R PCM 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 CR&R PCM 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 CR&RPCM, 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. CR&R PCM is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RPCM’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 CR&RPCM’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 CR&R MALIBU 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 CR&R MALIBU with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R MALIBU 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, CR&R MALIBU 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 CR&R MALIBU 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 CR&RMALIBU, 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. CR&R MALIBU is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RMALIBU’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 CR&RMALIBU’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.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 CR&R 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 CR&R Xxxxx with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R Xxxxx shall not 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- 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 CR&R 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 CR&RXxxxx, 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. CR&R Xxxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; 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 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.responsible
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 CR&R Source Atlantique, Incorporated 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 CR&R Source Atlantique, Incorporated with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Source Atlantique, Incorporated 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, CR&R Source Atlantique, Incorporated 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 CR&R Source Atlantique, Incorporated 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 CR&RSource Atlantique, Incorporated, 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. CR&R Source Atlantique, Incorporated is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; 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 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.Source
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 CR&R Xxxxxxxxx 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 CR&R Xxxxxxxxx with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Hawthorne 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, CR&R Hawthorne 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 CR&R Hawthorne 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 CR&RHawthorne, 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. CR&R Hawthorne is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s Xxxxxxxxx’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 CR&R’s Xxxxxxxxx’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 CR&R 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 CR&R Givenchy with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RGivenchy, 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. CR&R Givenchy is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RGivenchy’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 CR&RGivenchy’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 CR&R 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 CR&R MLA with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RMLA, 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. CR&R MLA is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RMLA’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 CR&RMLA’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 CR&R 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 CR&R Crimson with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RCrimson, 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. CR&R Crimson is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RCrimson’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 CR&RCrimson’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 had or could have brought related to the civil claims of CARB for the alleged facts and violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against CR&R Progressive dba Pathfinder 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 CR&R Progressive dba Pathfinder with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Progressive dba Pathfinder 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, CR&R Progressive dba Pathfinder 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 CR&R Progressive dba Pathfinder 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 CR&RProgressive dba Pathfinder, 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. CR&R is Progressive dba Pathfinder are responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; 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 CR&RProgressive dba Pathfinder’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 CR&R PREMIER 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 CR&R PREMIER with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R PREMIER 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, CR&R PREMIER 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 CR&R PREMIER 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 CR&R, PREMIER 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. CR&R PREMIER is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s PREMIER 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 CR&R’s PREMIER 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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RBoden 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. CR&R Boden Denizcilik A.S. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RQuality 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. CR&R Quality Bicycle Products, GBC is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RQuality 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 CR&RQuality 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 CR&R GPM, 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 CR&R GPM, with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R GPM 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, CR&R GPM 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 CR&R GPM 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 CR&RGPM, 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. CR&R GPM is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RGPM’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 CR&RGPM’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 CR&R WAPA – Sierra Nevada Region 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 CR&R WAPA – Sierra Nevada Region with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R WAPA – Sierra Nevada Region 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, CR&R shall not assert, and may not maintain, it is CARB’s position that any defense or claim WAPA-Sierra Nevada Region may assert 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 casecase is not sustainable as this Settlement Agreement is intended to address all issues knowable to CARB with respect to the concerns stated in paragraph 6.
(d) This Settlement Agreement does not limit or affect the rights of CR&R WAPA – Sierra Nevada Region 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 CR&RWAPA– Sierra Nevada Region, 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. CR&R WAPA – Sierra Nevada Region is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RWAPA – Sierra Nevada Region’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 CR&RWAPA – Sierra Nevada Region’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 CR&R Tri-State Well Drilling & Pumps, 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 CR&R Tri-State Well Drilling & Pumps, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Tri-State Well Drilling & Pumps, 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, CR&R Tri-State Well Drilling & Pumps, 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 CR&R Tri-State Well Drilling & Pumps, 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 CR&RTri-State Well Drilling & Pumps, 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. CR&R Tri-State Well Drilling & Pumps, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RTri-State Well Drilling & Pumps, 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 CR&RTri-State Well Drilling & Pumps, 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 CR&R 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 CR&R Contec, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RContec, 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. CR&R Contec, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RContec, 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 CR&RContec, 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 CR&R 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 CR&R Oceana with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&ROceana, 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. CR&R Oceana is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&ROceana’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 CR&ROceana’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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RTrend 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. CR&R Tristar is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RTristar’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 CR&RTristar’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 CR&R 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 CR&R Albertsons with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RAlbertsons, 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. CR&R Albertsons is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RAlbertsons’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 CR&RAlbertsons’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 CR&R Southern Power 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 CR&R Southern Power Company with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Southern Power 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, CR&R Southern Power 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- 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 CR&R Southern Power 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 CR&RSouthern Power 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. CR&R Southern Power Company is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RSouthern Power 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 CR&RSouthern Power 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 CR&R Mitsubishi 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 CR&R Mitsubishi with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Mitsubishi 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, CR&R Mitsubishi 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 CR&R Mitsubishi 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 CR&RMitsubishi, 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. CR&R Mitsubishi is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RMitsubishi’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 CR&RMitsubishi’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 CR&R 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 CR&R Xxxxxxxx with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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 CR&R 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 CR&RXxxxxxxx, 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. CR&R Xxxxxxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RFranklin’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 CR&RFranklin’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 CR&R Alto 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 CR&R Alto with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Alto 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, CR&R Alto 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 CR&R Alto 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 CR&RAlto, 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. CR&R Alto is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RAlto’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 CR&RAlto’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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RG-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. CR&R G-Marine Service Co., Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R 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 CR&R PG&E with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RPG&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. CR&R PG&E is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RPG&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 CR&RPG&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 CR&R Belcam 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 CR&R Belcam Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Belcam 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, CR&R Belcam 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 CR&R Belcam 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 CR&RBelcam 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. CR&R Belcam Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RBelcam 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 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.any
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 CR&R Safely 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 CR&R Safely with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Safely 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, CR&R Safely 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 CR&R Safely 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 CR&RSafely, 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. CR&R Safely is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RSafely’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 CR&RSafely’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 CR&R National Oak Distributors, 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 CR&R National Oak Distributors, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R National Oak Distributors, 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, CR&R National Oak Distributors, 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 CR&R National Oak Distributors, 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 CR&RNational Oak Distributors, 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. CR&R National Oak Distributors, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RNational Oak Distributors, 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 CR&RNational Oak Distributors, 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 CR&R SPI 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 CR&R SPI with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R SPI 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, CR&R SPI 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 CR&R SPI 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 CR&RSPI, 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. CR&R SPI is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RSPI’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 CR&RSPI’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 CR&R JC Sales 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 CR&R JC Sales with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R JC Sales 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, CR&R JC Sales 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 CR&R JC Sales 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 CR&RJC Sales, 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. CR&R JC Sales is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s JC Sales’ 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 CR&R’s JC Sales’ 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 CR&R 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 CR&R Komatsu with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R 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- 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 CR&R 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 CR&RKomatsu, 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. CR&R Komatsu is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RKomatsu’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 CR&RKomatsu’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 CR&R SK Shipping 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 CR&R SK Shipping with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R SK Shipping 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, CR&R SK Shipping 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 CR&R SK Shipping 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 CR&RSK Shipping, 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. CR&R SK Shipping is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; 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 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.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 CR&R Disney 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 CR&R Disney with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Disney 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, CR&R Disney 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 CR&R Disney 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 CR&RDisney, 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. CR&R Disney is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RDisney’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits, except as otherwise described herein. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that CR&RDisney’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 CR&R 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 CR&R White Energy with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, 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- 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 CR&R 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 CR&RWhite 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. CR&R White Energy is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RWhite 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 CR&RWhite 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 CR&R 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 CR&R 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 CR&R 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, CR&R 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- 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 CR&R 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 CR&RH 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. CR&R H Mart, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s 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 CR&R’s 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 CR&R Oldendorff Carriers 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 CR&R Oldendorff Carriers 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 CR&R Oldendorff Carriers 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, CR&R Oldendorff Carriers 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- 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 CR&R Oldendorff Carriers 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 CR&ROldendorff Carriers 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. CR&R Oldendorff Carriers GmbH & Co. KG. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&ROldendorff Carriers GmbH & Co. KG.’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 CR&ROldendorff Carriers GmbH & Co. KG.’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 identified in this Settlement Agreementthe Self-Disclosures.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against CR&R HATCI 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 CR&R HATCI with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R HATCI 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, CR&R HATCI 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 CR&R HATCI 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 CR&RHATCI, 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. CR&R HATCI is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RHATCI’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 CR&RHATCI’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 CR&R Big Lots 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 CR&R Big Lots with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Big Lots 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, CR&R Big Lots 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 CR&R Big Lots 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 CR&RBig Lots, 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. CR&R Big Lots is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s Big Lots’ 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 CR&R’s Big Lots’ 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 CR&R Sanco 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 CR&R Sanco with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R Sanco 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 CR&R Sanco 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 CR&RSanco, 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. CR&R Sanco is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RSanco’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 CR&RSanco’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 CR&R Inui Global Logistics 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 CR&R Inui Global Logistics Co., Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Inui Global Logistics 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, CR&R Inui Global Logistics 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- 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 CR&R Inui Global Logistics 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 CR&RInui Global Logistics 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. CR&R Inui Global Logistics Co., Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s Inui Global Logistics 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 CR&R’s Inui Global Logistics 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 CR&R Shield 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 CR&R Shield with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Shield 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, CR&R Shield 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 CR&R Shield 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 CR&RShield, 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. CR&R Shield is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RShield’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 CR&RShield’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 alleged violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against CR&R Xxxxxx and 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 CR&R Xxxxxx and Xxxxxxxx with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Xxxxxx and 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, CR&R Xxxxxx and 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 CR&R Xxxxxx and 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 CR&RXxxxxx and 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. CR&R Xxxxxx and Xxxxxxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; 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 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.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 CR&R Homelegance, 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 CR&R Homelegance, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Homelegance, 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, CR&R Homelegance, 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 CR&R Homelegance, 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 CR&RHomelegance, 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. CR&R Homelegance, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RHomelegance, 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 CR&RHomelegance, 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 CR&R Maritima Techship, SA de CV 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 CR&R Maritima Techship, SA de CV with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Maritima Techship, SA de CV 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, CR&R Maritima Techship, SA de CV 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 CR&R Maritima Techship, SA de CV 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 CR&RMaritima Techship, SA de CV, 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. CR&R Maritima Techship, SA de CV is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RMaritima Techship, SA de CV’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 CR&RMaritima Techship, SA de CV’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 CR&R BPPNA 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 CR&R BPPNA with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R BPPNA 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, CR&R BPPNA 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 CR&R BPPNA 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 CR&RBPPNA, 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. CR&R BPPNA is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RBPPNA’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 CR&RBPPNA’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 CR&R Lane 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 CR&R Lane with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R 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, CR&R Lane 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 CR&R Lane 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 CR&RLane, 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. CR&R Xxxx is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RLane’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 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.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 CR&R IE 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 CR&R IE with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R IE 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, CR&R IE 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 CR&R IE 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 CR&RIE, 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. CR&R IE is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RIE’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 CR&RIE’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 CR&R Nilfisk, Pressure-Pro, and Hydro Tek 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 CR&R Nilfisk, Pressure-Pro, and Hydro Tek with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Nilfisk, Pressure-Pro, and Hydro Tek 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, CR&R Nilfisk, Pressure-Pro, and Hydro Tek 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 CR&R Nilfisk, Pressure-Pro, and Hydro Tek 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 CR&RNilfisk, Pressure- Pro, and Hydro Tek, 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. CR&R is Nilfisk, Pressure-Pro, and Hydro Tek are responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RNilfisk’s, Pressure-Pro’s, and Hydro Tek’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 CR&RNilfisk’s, Pressure- Pro’s, and Hydro Tek’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 CR&R Quality Logistics 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 CR&R Quality Logistics with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Quality Logistics 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, CR&R Quality Logistics 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 CR&R Quality Logistics 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 CR&RQuality Logistics, 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. CR&R Quality Logistics is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s compliance Compliance by Quality Logistics 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 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 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 CR&R the Companies 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 CR&R the Companies with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R the Companies 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, CR&R the Companies 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 CR&R the Companies 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 CR&Rthe Companies, 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. CR&R is The Companies are responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&R’s the Companies’ 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 CR&R’s the Companies’ 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 CR&R Amazon 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 CR&R Amazon with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R Amazon 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 enforce the Settlement Agreement, CR&R Amazon 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. For the avoidance of doubt, nothing herein prevents Amazon from asserting any defense to any proceeding initiated by CARB other than a proceeding to enforce this Settlement Agreement.
(d) This Settlement Agreement does not limit or affect the rights of CR&R Amazon 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 CR&RAmazon, 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. CR&R Amazon is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RAmazon’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 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.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 CR&R SLHF 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 CR&R SLHF with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by CR&R SLHF 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, CR&R SLHF 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 CR&R SLHF 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 CR&RSLHF, 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. CR&R SLHF is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; CR&RSLHF’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 CR&RSLHF’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