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Show EPA Docket No. CERCLA-VIII-95-04 XII. By issuance of this Order, 73. no assume OTHER CLAIMS liability for injuries or the United States damages to persons and EPA or property Neither the resulting from any acts or omissions of Kennecott. United States nor EPA shall be deemed a party to any contract entered into by Kennecott or its directors, officers, employees, agents, representatives, assigns, contractors; carrying out Work pursuant to this Order. successors, consultants in or as expressly provided in the covenant not to sue this Order, nothing in,this Order constitutes a satisfaction of or release from any claim or cause of action against Kennecott or any, person not a party to thd s Order, for any liability such person may have under CERCLA, other statutes, or the common law, including but not limited to any claims ,of the United States for costs, damages, interest and Natural Resource Damage Claims, if any, under sections 106(a), *07(a) and 107(f} of CERCLA, 42 U.S.C. Sections 9606(a) and 9607(a)., and 9607(f). 74. Except under granted This Order does not constitute a preauthorization of under s'ec t Lon 111(a) (2) of CERCLA, 42 U.S.C. § 9611(a) (2). Kennecott waives any claim to payment under sections 106(b), 111, and 112 of CERCLA, 42 U.S.C. §§ 9606(b), 9611, and 9612, against the United States or the·Hazardous Substance Superfund arising out' 75. funds of any action 76. shall No performed action give rise except as 9613 (h) set or under this Order. decision by EPA to this Order under federal law CERCLA, 42 U.S.C. § pursuant any right to judicial forth in section 113 (h) of to revew . XIII. COVENANT NOT TO SUE as otherwise specifically provided in this Order, of'EPA's Notice of Completion, EPA covenants not to sue Kennecott for judicial imposition of damages or civil penalties or to take administrative action against Kennecott for 77. Except upon issuance failure to perform removal actions agreed to except as otherwise reserved herein. any Order as otherwise specifically provided in this Order, and upon Kennecott's payment ,of 'response· costs as specified in this Order, EPA covenants not to sue or to take. administrative action against Kennecott under section 107 (a) of CERCLA for recovery' of response costs incurred by the Unit'ed States i connection with this removal action and reimbursed to the United States under this Order. This covenant not to sue shall take effect upon the receipt by EPA of the payments required under the Reimbursement of Costs section of this Order, including in - in this 78. Except cbnsideratiqn 22 |
