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Show Further, nothing herein shall prevent EPA from seeking legal or equitable relief pursuant to CERCLA or any other applicable law, to enforce the terms of this Order, from taking other legal or equitable action as it deems appropriate and necessary, or or solid waste on, at, or from the Site. from requiring Kennecott in the future to perform additional activities that are not within the scope of the covenant not to sue granted in this Order. EPA reserves the right to bring an action against Kennecott under section 107 ofCERCL 42 U.SC. § 9607 for the recovery of response costs incurred by EPA related to this Order or the Site. XI. OTHER -CLAIMS By issuance of this Order, the United States and EPA assume no liability for injuries damages to persons or property resulting from any acts or omissions of Kennecott. Neither the United States nor EPA shall be deemed a party to any contract entered into by Kennecott or its directors, officers, employees, agents, successors, representatives, assigns, contractors, or consultants in carrying out Work pursuant to this Order. 64. or 65. Except as expressly provided in the covenant not to sue granted under 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 this Order, for any liability such person may have under CERCL other statutes, or the common law, including but not limited to any claims of the United States for costs, damages and interest under sections 106(a) and l07(a) ofCERCL 42 U.S.C.§§ 9606(a) and 9607(a). . 66. This Order does not constitute a preauthorization of funds under section 1 1 1 (a)(2) ofCERCLA, 42 U.S.C. § 9611(a)(2). Kennecott waives any claim to payment under sections I06(b), Ill, and 112 ofCERCLA., 42 U.S.C. §§ 9606(b), 9611, and 9612, against the United States or the Hazardous Substance Superfund arising out of any action performed under this . Order. 67. No action or decision by EPA pursuant to this Order shall give rise to any right to judicial review under federal law except as set forth in section 113(h) ofCERCLA, 42 U.S.C. § 9613(h). XII. COVENANT NOT TO SUE 68. Except as otherwise specifically provided in this Order, upon issuance of EP A's Notice of Completion. EPA covenarits not to sue Kennecott for judicial imposition of damages or civil penalties or to take administrative action against Kennecott for any failure to perform Work agreed to in this Order except as otherwise reserved herein. .: 69. These covenants not to sue are conditioned upon the complete and satisfactory performance by Kennecott of its obligations under this Order. These covenants not to sue extend only to Kennecott, its successors and assigns and do not extend to any other person. 16 |
