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Show , . EPA Docket No. CERCLA-VIn-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 inent and substantial danger to the public health or welfare or the environment arising from Site conditions. 64. Order, Neither EPA assumes any nor the United States, by issuance liability for apy acts. or omissions this of of Respondents, nor employees, agents, contractors, or consultants of Respondents, in carrying out Work pursuant to this Order. . Neither EPA nor the United States ,shall be held contract ent.ered into agents, to contractors, this Order. 65. by Respondencs, or consultants nor in a party to any by their employees, carrying out Work pursuant Nothing in this Order shall affect any right, claim, cause of action of any party against any interest, defense, ·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 C?f funds under Section 1l.1(a) (2) of CERCLA, 42 U.S.C. § 9611(a) (2). or 66. Nothing ;in this Order shall constitute or be construed' satisfaction 'or releas from liability for Respondents, nor their agents, contractors, lessees, successors, or assigns wi t-h 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 EPA reserves its ights to seek, pursuant to Section 67. of CERCLA, 42 U.S.C. § 9607,. recovery from Resporidents 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 zesponse activities at the Site not otherwise reimbursed by 107 Respondents. 68. Nothing in this Order shall be .construed to release Respondents from any liability for failure to perform the Work in accordance' with this Order. XVI. 69. . Respondents instrument , TO COMPLETE WORX shall establish and maintain a financial financial mechanism such as trust account, or·other those set forth at 40 C.F.R. of EPA, funded one ASSURANCE OF ABILITY Part 264.143, acceptable sufficiently to perfor.m the work and" any other obligations required under this Order, including a margin for cost Within fifteen (15) days of the effective date of Respondents shall either fund the financial overruns. this Order, to |
