Common use of Reservation of Rights and Remedies Clause in Contracts

Reservation of Rights and Remedies. (A) Notwithstanding the Trustee’s release in Section VIII, all claims, causes of action, rights, and remedies of the Governments against the Renco Parties under CERCLA, RCRA, or otherwise, including derivative claims, causes of action, rights, and remedies with respect to the Xxxxxx Site, are expressly reserved and retained and are not extinguished by Section VIII, anything in this Settlement Agreement, the fact of this settlement, or the closure of the bankruptcy cases. With respect to such derivative claims, causes of action, rights, and remedies, any standing that the Trustee may have had to bring such claims, causes of action, rights, and remedies during the bankruptcy cases does not affect the reservation and retention of such claims, causes of action, rights, and remedies set forth in the previous sentence or the fact that such claims, causes of action, rights, and remedies are not extinguished by Section VIII, anything in this Settlement Agreement, the fact of this settlement, or the closure of the bankruptcy cases. The Renco Parties do not concede that such derivative claims, causes of action, rights, and remedies are otherwise actionable and the Governments’ claims, causes of action, rights, and remedies against the Renco Parties under CERCLA, RCRA, or otherwise shall be subject to, and the Renco Parties hereby reserve, all available defenses (including statutes of limitations, and this Settlement Agreement does not provide for any tolling or suspension of any limitations period), other than based on this Settlement Agreement, the fact of this settlement, or the closure of the bankruptcy cases. The fact that the Governments and the Renco Parties have agreed to compromise their respective proofs of claim against the Debtors, and have agreed to certain accommodations between themselves as specified in Section IV hereof, may not be used as evidence in any litigation between the Governments and the Renco Parties except in an action to enforce this Settlement Agreement, and will have no res judicata, collateral estoppel or other preclusive effect. (B) Nothing in this Settlement Agreement shall be deemed to limit the authority of the Governments to take any response action under Section 104 of CERCLA, 42 U.S.C. § 9604, or any other applicable statute or regulation, or to alter the applicable legal principles governing judicial review of any action taken by the Governments pursuant to such authority. Nothing in this Settlement Agreement shall be deemed to limit the access or information-gathering authority of the Governments under Sections 104 and 122 of CERCLA, 42 U.S.C. §§ 9604 and 9622, or any other applicable statute or regulation. In the event the Governments assert a claim or cause of action against any Renco Party or Renco Group Affiliate under non-bankruptcy laws, the Renco Parties and Renco Group Affiliates reserve their rights and defenses with respect to any such claim or cause of action except as provided in Section VIII(A).