Effect of Settlement/Reservation of Rights. The following shall apply:
Effect of Settlement/Reservation of Rights. 60. This Consent Decree resolves the civil claims of the United States for the violations alleged in the Complaint filed in this action through the date of lodging.
Effect of Settlement/Reservation of Rights. (A) Subject to paragraphs (B) and (C) below, in consideration of the monetary relief described in paragraph 8(A), the non-monetary relief described in paragraph 8(C), the admissions in paragraph 9, certain of the undertakings to which Volkswagen and/or Porsche have agreed in the U.S. First, Second, and Third Partial Consent Decrees, the 3.0 Liter Class Action Settlement, and the FTC’s proposed Second Partial Stipulated Order, to the extent approved by the MDL Court, as set forth in paragraph 10, and the XXX Commitment described in paragraph 11, and upon Volkswagen’s payment of the amount contemplated in paragraph 8(A), above:
Effect of Settlement/Reservation of Rights a) Satisfaction of all the requirements of this Settlement Agreement shall resolve and settle all of CARB’s civil and/or administrative claims against PORSCHE that arise out of or relate to the allegations described in paragraph (6).
Effect of Settlement/Reservation of Rights. (A) Subject to paragraphs (B) and (C) below, in consideration of the monetary relief described in paragraph 6(A), the non-monetary relief described in paragraphs 6(B) and 6(C), the admissions in paragraph 7, and the undertakings to which Volkswagen has agreed in the Class Action Settlement, the DOJ Consent Decree and the FTC Order, and upon Volkswagen’s payment of the amount contemplated in paragraph 6(A), above:
Effect of Settlement/Reservation of Rights. (A) Subject to paragraphs (B) and (C) below, in consideration of the monetary relief described in paragraph 8(A), the non-monetary relief described in paragraph 8(C), the admissions in paragraph 9, certain of the undertakings to which Volkswagen and/or Porsche have agreed in the U.S. First, Second, and Third Partial Consent Decrees, the 3.0 Liter Class Action Settlement, and the FTC’s proposed Second Partial Stipulated Order, to the extent approved by the MDL Court, as set forth in paragraph 10, and the XXX Commitment described in paragraph 11, and upon Volkswagen’s payment of the amount contemplated in paragraph 8(A), above:
i. Each Section 177 State releases Volkswagen, Porsche, their affiliates and any of Volkswagen’s, Porsche’s or their affiliates’ former, present or future owners, shareholders, directors, officers, employees, attorneys, parent companies, subsidiaries, predecessors, successors, dealers, agents, assigns and representatives (collectively, the “Released Parties”20), from all Environmental Claims arising from or related to the Covered Conduct, including, without limitation, penalties, fines, or other monetary payments and/or injunctive relief.
ii. Each Section 177 State releases the Released Parties from all UDAP Injunctive and Restitution Claims (and any other claims under the UDAP Laws) to the extent not already released in the First Partial Settlement Agreement, arising from or related to the Covered Conduct concerning the Subject Vehicles, upon the MDL Court’s approval of the U.S. Second Partial Consent Decree, the
Effect of Settlement/Reservation of Rights. (a) Notwithstanding any other provision of this Agreement, CARB and BAAQMD reserve the right to bring an action to enforce the terms of this Agreement.
Effect of Settlement/Reservation of Rights. 8. This Settlement Agreement, upon entry, resolves the judicial civil penalty and injunctive relief causes of action of the United States against ATP for the violations alleged in the Complaint filed in this action. This Agreement shall constitute a final judgment of the Court as to the United States and ATP for the causes of action alleged in the Complaint. This is an agreed consent judgment, and the Court has made no findings of liability against ATP.
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 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 SDG&E with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by 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, 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 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 SDG&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. SDG&E is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; SDG&E compliance with this Settlement ...
Effect of Settlement/Reservation of Rights a. Satisfaction of all the requirements of this Settlement Agreement shall resolve and settle all of CARB’s civil and/or administrative claims against FCA that arise out of or relate to the allegations described in Paragraph (6).
