Preserved Claims. The obligations contained in Paragraph 8 of this Agreement shall survive the expiration or any termination of this contract.
Preserved Claims. 5.1 The State preserves, and this Agreement is without prejudice to, all rights against the Companies with respect to all matters not expressly included within the Released Claims. With respect to the Released Claims of this Agreement, the State carves out and reserves all rights to pursue claims against the Companies with respect to claims as enumerated below:
5.1.1 Common law and tort claims, including public nuisance, nuisance per se, trespass, and negligence, based on Covered Conduct not Known as of the Effective Date.
5.1.2 Lawful statutory claims from the Effective Date forward under State or Federal rules or requirements adopted or promulgated after the Effective Date concerning Known contaminants in air, wastewater, stormwater, drinking water, or other Natural Resources.
5.1.3 Lawful statutory claims, pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq. (“CERCLA”); Delaware Hazardous Substance Cleanup Act, 7 Del. C. Ch. 91 (“HSCA”); the Delaware Environmental Control Act, 7 Del. C. Ch. 60; or any other authority vested to DNREC by law, that were not Known as of the Effective Date.
5.1.4 Lawful statutory claims from the Effective Date forward under State or Federal air quality laws or rules adopted or promulgated after the Effective Date, including the Clean Air Act and State or Federal implementing regulations, regarding pollution or contamination of air with Known contaminants.
5.2 Notwithstanding any term of this Agreement, the foregoing claims are specifically reserved and excluded from Released Claims:
5.2.1 Any criminal liability that any person and/or entity, including Released Parties, has or may have to the State.
5.2.2 Any civil or administrative liability that any person and/or entity, including Released Parties, has or may have to the State not covered by the Released Claims, which shall include the following claims:
(a) state or federal antitrust violations;
(b) any claims arising under state tax laws;
(c) any claims arising under state securities laws; and
(d) any action to enforce this Agreement and any subsequent related orders and judgments.
Preserved Claims. The Parties agree that the following claims are expressly preserved and not released by Xxxxx:
(a) Count VIII (Violation of the U.S. Constitution, First Amendment) in the Case as it pertains to Xxxxx’x demand for access to a videophone that will allow him to communicate directly (point-to-point) with persons outside of Butner using ASL;
(b) Xxxxx’x Rehabilitation Act claim pending in the Administrative Action (which stemmed from Count I in the Case, which was dismissed without prejudice) as it pertains to Xxxxx’x demand for access to a videophone that will allow him to communicate directly (point-to-point) with persons outside of Butner using ASL, and any claims arising from or related to the final decision in the Administrative Action, including any other claims or theories (other than based on the Rehabilitation Act) that seek the same relief;
(c) Xxxxx’x Rehabilitation Act claim pending in the Administrative Action (which stemmed from Count I in the Case, which was dismissed without prejudice) as it pertains to Xxxxx’x demand for visual, real time notifications of non-emergency events or announcements, e.g., through electronic message boards and personal vibrating pagers or similar devices, and any claims arising from or related to the final decision in the Administrative Action, including any other claims or theories (other than based on the Rehabilitation Act) that seek the same relief;
(d) Xxxxx’x Rehabilitation Act claim pending in the Administrative Action (which stemmed from Count I in this Case, which was dismissed without prejudice) as it pertains to Xxxxx’x demand for Qualified ASL Interpreters to be provided to assist with self-study GED programs and materials, and any claims arising from or related to the final decision in the Administrative Action, including any other claims or theories (other than based on the Rehabilitation Act) that seek the same relief; and
(e) All claims that may be based on the BOP’s placement of Xxxxx in the SHU or in the Annex in or around February 2017 and August 2017 and the circumstances surrounding such placement.
Preserved Claims a. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement (i) releases Developer from any liability arising under the Disposition Agreement with respect to the Subject Land to the extent that the obligation or liability accrued prior to the recordation of this Agreement, or (ii) releases the Guarantor from any obligation or liability as to a Guaranteed Obligation with respect to the Subject Land to the extent that the obligation or liability accrued prior to the recordation of this Agreement ((i) and (ii), collectively, the “Preserved Claims”).
b. The releases and discharges set forth in this Agreement includes all debts, obligations, or liabilities of any type, nature or amount, liquidated or unliquidated, past, present, and prospective, whether or not known or unknown to City or suspected to exist in City’s favor to the extent attributable to the Subject Land, excepting only the Preserved Claims. Excepting only the Preserved Claims, City waives to the greatest legal extent the protections and provisions of Civil Code section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing waiver includes Civil Code section 1542 and all other federal or state laws of similar import.
