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Show EPA Docket No. CERCLA-VIII-95-04 receipt of any reached an agreement. 79. disputed any for which the These covenants not to sue are and satisfactory performance by complete obligations under this only to Kennecott, its to costs parties have not conditioned upon the of its to sue and do not Kennecott Order. These covenants Successors and assigns, not extend extend other person. XIV. CONTRIBUTION PROTECTION 80. With regard to claims for contribution against Kennecott for matters addressed in this Order, the parties hereto agree that Kennecott is entitled to protection from contribution actions or claims to the extent provided by section 113(f) (2) and 122(h) (4) of CERCLA, 42 U.S.C. Sections 9613 (f) (2) and 9622 (h) (4). Nothing in'this Order precludes the United States or Kennecott from asserting any claims, causes of action or.demands against any persons not parties contribution, or this to cost Order for indemnifcation, recovery. xv. INDEMNIFICATION Kennecott agrees to 81. EPA and DEQ, their officials, employees and representatives indemnify, agents, save and hold harmless contractors, subcontractors, claims or causes of acts or omissions of from any and all action: (A) arising from, or on account of, Kennecott, Kennecott's officers, directors, employees, agents, contractors, subcontractors, receivers, trustees, ,successors or assigns, in carrying out activities pursuant to this Order; and (B) for damages or reimbursement arising from or on account of any contract, agreement, or arrangement between Kennecott, and any persons for including performance claims XVI. 82. on Kennecott Kennecott a) Site,' FINANCIAL ASSURANCE AND SELF INSURANCE has certified by Kennecott's that of Work on or relating to the of construction delays. account meets or EPA with a financial statement chief financial officer which indicates exceeds the following financial provided working capital of $40 million; b) tangible net parameters: worth of $250 million;' and c) assets located in the United States amounting to 75% of its total assets or $250 million. For net this Order, "tangible net worth" is defined as net goodwill, patents, trademarks, copyrights, non-compete EPA agrees agreements and royalty and price participation rights. purposes of -worth minus the financial statement submitted by Kennecott in support hereof is confidential business information and shall be that full protecton provided by 40 Kennecott agrees, to given C.F.R. Part the Two, Subpart B. provide updated informatio'n on its financial 23 |
