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Show EPA Docket No. CER.CLA-VDI-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 atement of an imminent 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 of this liability for any acts or omissions 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 a party to any contract entered into by Respondencs, nor by their employees, agents, contractors, or consultants in carrying out Work pursuant to this Order. 65. 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 lll'(a) (2) of CERCLA, U.S.C. § 9611(a) (2). 42- 66. Nothing in this Order shall constitute or be construed satisfaction or release from liability for Respondents, nor their agents, contractors, lessees, successors, or assigns wieh 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 67. EPA reserves its ights to seek, pursuant- to' Section 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 107 by ResBondents. 68. Nothing in this Order shall be construed to release Respondents from any liability for failure to perform the Work accordance· with this Order. XVl:. 69. . Respondents instrument , -one of ASSURANCE 01' ABILITY 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. funded Part 264.143, acceptable sufficiently to perform the work and' any other obligations required under this Order, including a margin for EPA, in Within fifteen cost overruns. this Order, Respondents to (15) days of the effective date of shall either fund the financial |
