RESERVATIONS OF RIGHTS BY EPA. Except as specifically provided in this Settlement, nothing in this Settlement shall limit the power and authority of EPA or the United States to take, direct, or order all actions necessary to protect public health, welfare, or the environment or to prevent, xxxxx, or minimize an actual or threatened release of hazardous substances, pollutants, or contaminants, or hazardous or solid waste on, at, or from the Site. Further, nothing in this Settlement shall prevent EPA from seeking legal or equitable relief to enforce the terms of this Settlement, from taking other legal or equitable action as it deems appropriate and necessary, or from requiring Respondent in the future to perform additional activities pursuant to CERCLA or any. other applicable law.
RESERVATIONS OF RIGHTS BY EPA. EPA reserves, and this Settlement Agreement is without prejudice to, all rights against Settling Parties [if SFA, insert: and Settling Federal Agencies] with respect to all matters not expressly included within Paragraph 24 (Covenants for Settling Parties by EPA) [if SFAs, insert: and Paragraph 25 (Covenant for Settling Federal Agencies by EPA)]. Notwithstanding any other provision of this Settlement Agreement, EPA reserves all rights against Settling Parties [if SFAs, insert: and EPA reserves and this Settlement Agreement is without prejudice to, all rights against Settling Federal Agencies,] with respect to: liability for failure of Settling Parties [or Settling Federal Agencies] to meet a requirement of this Settlement Agreement; criminal liability; liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments; liability based on the ownership or operation of the Site by Settling Parties [or Settling Federal Agencies] when such ownership or operation commences after signature of this Settlement Agreement by Settling Parties [or Settling Federal Agencies]; liability based on Settling Parties’ [or Settling Federal Agencies’] transportation, treatment, storage, or disposal, or arrangement for transportation, treatment, storage, or disposal of a hazardous substance or a solid waste at or in connection with the Site, after signature of this Settlement Agreement by Settling Parties [or Settling Federal Agencies]; [and] liability arising from the past, present, or future disposal, release or threat of release of a hazardous substance, pollutant, or contaminant outside of the Site[.] [; and] [NOTE: Insert Paragraph 26.g if Settling Parties (or SFAs) have not agreed in Section VI (Payment of Response Costs) to compensate EPA for the costs described in Paragraph 26.g through a premium payment or through an Additional Response Costs billing provision as shown in the optional Payment of Additional Response Costs paragraphs in Section VI (Payment of Response Costs).] [liability for performance of response action or for reimbursement of response costs if total response costs incurred or to be incurred at or in connection with the Site by the United States or any other person exceed $______ [insert total response cost estimate upon which Settling Parties’ and SFAs’, if any, payment is based]. Nothing in this Settlement Agreement is intended to be nor shall it be construed as a release, c...
RESERVATIONS OF RIGHTS BY EPA. 19. EPA reserves, and this Settlement Agreement is without prejudice to, all rights against Settling Parties with respect to all matters not expressly included within Paragraph 18 (Covenants for Settling Parties by EPA). Notwithstanding any other provision of this Settlement Agreement, EPA reserves, and this Settlement Agreement is without prejudice to, all rights against Settling Parties with respect to:
a. liability for failure of Settling Parties to meet a requirement of this Settlement Agreement;
b. liability for costs incurred or to be incurred by the United States that are not within the definition of Past Response Costs;
c. liability for injunctive relief or administrative order enforcement under Section 106 of CERCLA, 42 U.S.C. § 9606;
d. criminal liability; and
e. liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments.
20. Nothing in this Settlement Agreement is intended to be nor shall it be construed as a release, covenant not to sue, or compromise of any claim or cause of action, administrative or judicial, civil or criminal, past or future, in law or in equity, that the United States may have against any person, firm, corporation or other entity not a signatory to this Settlement Agreement.
RESERVATIONS OF RIGHTS BY EPA. 66. Except as specifically provided in this Settlement Agreement, nothing herein shall limit the power and authority of EPA or the United States to take, direct, or order all actions necessary to protect public health, welfare, or the environment or to prevent, xxxxx, or minimize an actual or threatened release of hazardous substances, pollutants or contaminants, or hazardous or solid waste on, at, or from the GASCO Sediments Site or Portland Harbor Superfund Site. Further, nothing herein shall prevent EPA from seeking legal or equitable relief to enforce the terms of this Settlement Agreement, from taking other legal or equitable action as it deems appropriate and necessary, or from requiring Respondents in the future to perform additional response actions or activities pursuant to CERCLA or any other applicable law.
67. The covenant not to sue set forth in Section XIX above does not pertain to any matters other than those expressly identified therein. EPA reserves, and this Settlement Agreement is without prejudice to, all rights against Respondents with respect to all other matters, including, but not limited to:
a. claims based on a failure by Respondents to meet a requirement of this Settlement Agreement;
b. liability for costs not included within the definition of EPA Future Response Costs;
c. liability for injunctive relief or administrative order enforcement under Section 106 of CERCLA, 42 U.S.C. § 9606 for performance of response action other than the Work;
d. criminal liability;
e. liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments;
f. liability arising from the past, present, or future disposal, release or threat of release of Waste Materials outside of the GASCO Sediments Site; and
g. liability for costs incurred or to be incurred by the Agency for Toxic Substances and Disease Registry related to the GASCO Sediments Site or the Portland Harbor Superfund Site.
RESERVATIONS OF RIGHTS BY EPA. EPA reserves, and this Settlement Agreement is without prejudice to, all rights against Settling Party with respect to all matters not expressly included within Paragraph 21 (Covenants by EPA).5 Notwithstanding any other provision of this Settlement Agreement, EPA reserves all rights against Settling Party with respect to: liability for failure of Settling Party to meet a requirement of this Settlement Agreement; criminal liability; liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments; liability, based on the ownership or operation of the Site by Settling Party when such ownership or operation commences after signature of this Settlement Agreement by Settling Party; liability based on Settling Party’s transportation, treatment, storage, or disposal, or arrangement for transportation, treatment, storage, or disposal of a hazardous substance or a solid waste at or in connection with the Site, after signature of this Settlement Agreement by Settling Party; and liability arising from the past, present, or future disposal, release or threat of release of a hazardous substance, pollutant, or contaminant outside of the Site. Notwithstanding any other provision of this Settlement Agreement, EPA reserves, and this Settlement Agreement is without prejudice to, the right to reinstitute or reopen this action, or to commence a new action seeking relief other than as provided in this Settlement Agreement, if the Financial Information or the Insurance Information provided by Settling Party, or the financial, insurance, or indemnity certification made by Settling Party in Paragraph 47, is false or, in any material respect, inaccurate. Nothing in this Settlement Agreement is intended to be nor shall it be construed as a release, covenant not to sue, or compromise of any claim or cause of action, administrative or judicial, civil or criminal, past or future, in law or in equity, which EPA may have against any person, firm, corporation or other entity not a signatory to this Settlement Agreement.
RESERVATIONS OF RIGHTS BY EPA. 87. Except as specifically provided in this Settlement, nothing in this Settlement shall limit the power and authority of EPA or the United States to take, direct, or order all actions necessary to protect public health, welfare, or the environment or to prevent, xxxxx, or minimize an actual or threatened release of hazardous substances, pollutants, or contaminants, or hazardous or solid waste on, at, or from the Site. Further, nothing in this Settlement shall prevent EPA from seeking legal or equitable relief to enforce the terms of this Settlement, from taking other legal or equitable action as it deems appropriate and necessary, or from requiring Respondent in the future to perform additional activities pursuant to CERCLA or any other applicable law.
88. The covenants set forth in Section XVIII (Covenants by EPA) do not pertain to any matters other than those expressly identified therein. EPA reserves, and this Settlement is without prejudice to, all rights against Respondent with respect to all other matters, including, but not limited to:
a. liability for failure by Respondent to meet a requirement of this Settlement;
b. liability for costs not included within the definitions of Past Response Costs or Future Response Costs;
c. liability for performance of future response actions in the Lower Xxxxxx River other than the Work;
d. criminal liability;
e. liability for violations of federal or state law that occur during or after implementation of the Work;
f. liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments; and
g. liability arising from the past, present, or future disposal, release or threat of release of Waste Materials outside of the Site.
RESERVATIONS OF RIGHTS BY EPA. EPA reserves, and this Agreement is without prejudice to, all rights against Settling Parties with respect to all matters not expressly included within the Covenant Not to Sue by EPA in Paragraph 20. Notwithstanding any other provision of this Agreement, EPA reserves all rights against Settling Parties with respect to:
RESERVATIONS OF RIGHTS BY EPA. Except as specifically provided in this Settlement, nothing in this Settlement shall limit the power and authority of EPA or the United States on behalf of EPA to take, direct, or order all actions necessary to protect public health, welfare, or the environment or to prevent, xxxxx, or minimize an actual or threatened release of hazardous substances, pollutants, or contaminants, or hazardous or solid waste on, at, or from the Portland Harbor Superfund Site. Further, nothing in this Settlement shall prevent EPA from seeking legal or equitable relief to enforce the terms of this Settlement, from taking other legal or equitable action as it deems appropriate and necessary, or from requiring Respondents or SFAs in the future to perform additional activities pursuant to CERCLA or any other applicable law.
RESERVATIONS OF RIGHTS BY EPA. 19. EPA reserves, and this Settlement Agreement is without prejudice to, all rights against Settling Parties with respect to all matters not expressly included within Paragraph 18 (Covenants for Settling Parties by EPA). Notwithstanding any other provision of this Settlement Agreement, EPA reserves, and this Settlement Agreement is without prejudice to, all rights against Settling Parties with respect to:
a. liability for failure of Settling Parties to meet a requirement of this Settlement Agreement;
b. liability for costs incurred or to be incurred by the United States that are not within the definition of Response Costs;
c. liability for injunctive relief or administrative order enforcement under Section 106 of CERCLA, 42 U.S.C. § 9606, relating to the release or threatened release of hazardous substances at the Site other than those described in Paragraph 4;
d. criminal liability; and
e. liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments.
20. Nothing in this Settlement Agreement is intended to be nor shall it be construed as a release, covenant not to sue, or compromise of any claim or cause of action, administrative or judicial, civil or criminal, past or future, in law or in equity, that the United States may have against any person, firm, corporation or other entity not a signatory to this Settlement Agreement.
RESERVATIONS OF RIGHTS BY EPA. 24. EPA reserves, and this Settlement Agreement is without prejudice to, all rights against Settling Party with respect to all matters not expressly included within Paragraph 23 (Covenants for Settling Party by EPA). EPA reserves, and this Settlement Agreement is without prejudice to, all rights against Settling Party with respect to:
a. liability for failure of Settling Party to meet a requirement of this Settlement Agreement;
b. criminal liability;
c. liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments;
d. liability, based on the ownership or operation of the Site by Settling Party when such ownership or operation commences after signature of this Settlement Agreement by Settling Party;
e. liability based on Settling Party’s transportation, treatment, storage, or disposal, or arrangement for transportation, treatment, storage, or disposal of a hazardous substance or a solid waste at or in connection with the Site, after signature of this Settlement Agreement by Settling Party; and
f. liability arising from the past, present, or future disposal, release, or threat of release of a hazardous substance, pollutant, or contaminant outside of the Site.
25. Nothing in this Settlement Agreement is intended to be nor shall it be construed as a release, covenant not to sue, or compromise of any claim or cause of action, administrative or judicial, civil or criminal, past or future, in law or in equity, that the United States may have against any person, firm, corporation or other entity not a signatory to this Settlement Agreement.
