Common use of RESERVATIONS OF RIGHTS BY EPA Clause in Contracts

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, 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 EPA may have against any person, firm, corporation or other entity not a signatory to this Settlement Agreement.