| OCR Text |
Show EPA Docket No. CmCLA-VIII-93-10 14 limitation, seeking injunctive relief, monetary penalties', or punitive damages. Nothing herein shall preclude EPA from undertaking any additional enforcement actions and/or other actions it may deem necessary for any purpose, including the prevention or abatement of an iImninent and substantial danger to the public health or welfare or the environment arising from Site conditions. 64. Order, Neither EPA nor the United States, assumes any by issuance liability for any acts or omissions of this. of Respondents, nor employees, agents, contractors, or consultants of Respondents,. in carrying out Wo'rk pursuant to this Order. . Neither EPA the United States shall be held a party to any contract entered into by Respondencs, nor by their nor agents, contractors, co this Order. 65. or consultants' in employees, carrying oue Work pursuant Nothing in this Order shall affect any right, claim; interest, defense, or cause of action of any party against any entity not subject to this Order for any liability it may have arising from or relating in any way to the Site. Nothing in this .. Order shall be deemed to constitute a decision on preauthorization of funds under Section 111(a) (2) of U.S. C. § 961.1 (a) (2) CERCLA 42 • 66. Nothing in this Order shall constitute or be construed satisfaction or release from liability for Respondents, nor' their agents, contractors, lessees, eucceaacea, or assigns with respect to any conditions or claims arising as a result of past, current, or future operations at the Site, oWnership of the Site, or use or disposal 'of hazardous substances at the Site as a . 6·7 EPA reserves its l;ights to seek, pursuant to Section 107 of CERCLA, 42 U.S.C. §·.9607, recovery from.Respondents of the United States' costs incurred in oversight, administration, and' enforcement of this Order, and any other past and future costs incurred by the United States in connection with response activities at the Site not otherwise reimbursed • by Respondent.· Nothing in this Order shall be construed to release Respondents from any liability for failure to perfor.m the Work in 68. accordance· with this Order. XVI. 69. ASSURANCE Respondents OP ABILl:'l'Y TO COMPLETE WORX shall establish and maintain a financial instrument, trust· account, or·other financial mechanism such as one of those set forth at 40 C.F.R. Part 264.143, acceptable to EPA, funded sufficiently to perfor.m the work and any other obligations required under this Order, including a margin for Within fifteen (15) days of the effective date of cost overruns. . this Order, Respondents shall either fund the financial |
