Settling Funding Parties definition
Examples of Settling Funding Parties in a sentence
Settling Funding Parties do not admit and retain the right to controvert in any subsequent proceedings other than proceedings to implement or enforce this Settlement Agreement, the validity of the facts or allegations contained in this Settlement Agreement.
This Settlement Agreement shall be binding upon EPA and upon Settling Funding Parties and their successors and assigns.
After the conclusion of the 10-year record retention period, Settling Funding Parties shall notify EPA at least 90 days prior to the destruction of any such Records and, upon request by EPA, and except as provided in Paragraph 39 (Privileged and Protected Claims), Settling Funding Parties shall deliver any such Records to EPA.
Notwithstanding the above, EPA’s exercise of enforcement discretion under this Settlement Agreement will have no effect on the RD work and cost reimbursement obligations of the Settling Funding Parties under the orders identified in Appendix C.
The actions undertaken by Settling Funding Parties in accordance with this Settlement Agreement do not constitute an admission of any liability by either Settling Funding Party.
Notwithstanding the foregoing, any remaining Initial Payment in the RD Special Account will be applied toward Installment Payment 1 and the amount due from Settling Funding Parties for Installment Payment 1 adjusted accordingly.
Settling Funding Parties shall segregate and clearly identify all Records or parts thereof submitted under this Settlement Agreement for which Settling Funding Parties assert a business confidentiality claim.
Subject to EPA’s receipt of funds from Settling Funding Parties as required by the Settlement Agreement for Funding Remedial Design, Performing Parties covenant not to sue and agree not to assert any claims or causes of action in any forum, judicial or otherwise, against the Settling Funding Parties, or their contractors or employees, with respect to the work under this Settlement or the RD Payments provided under the Settlement Agreement for Funding Remedial Design.
Settling Funding Parties represent that they will together transfer a total of $12.0 million into the Trust by July 15, 2019.
Except as provided in Section VIII (Covenants by EPA) and Section X (Covenants by Settling Funding Parties), each of the Parties expressly reserves any and all rights (including, but not limited to, pursuant to Section 113 of CERCLA, 42 U.S.C. § 9613), defenses, claims, demands, and causes of action that it may have with respect to any matter, transaction, or occurrence relating in any way to the Site against any person not a Party hereto.