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Show EPA Docket No. CERCLA-VUI-93-10 14 limitation, seeking injunctive relief, monetary penalties', or punitive damages. Nothing herein shall preclude EPA from undertaking any additi.onal enforcement actions and/or other actions it may deem necessary for any· purpose, including the prevention or abatement of an imminent and substantial danger to the public health or welfare or the environment arising from Site conditions. by issuance of this or omissions of for liability any acts. 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 Respondents, nor by their employees, agents, contractors, or consultants in carrying out Work pursuant to this Order. 64. Order, Neither EPA assumes 65. nor the United States, ' any Nothing in this Order shall affect any right, claim, 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 consti.tute a decision on preauthorization of funds under Section'111(a) (2) of CERCLA, 42 U.S.C. § 9611 (a) (2) interest, defense, or cause . 66. Nothing in this Order shall constitute or be construed satisfaction or releae from liability for Respondents; nor their agents, contractors, lesses, successors, or assigns with. respect to any conditions or claims arising as a result of" past- current, or future operations at the S'ite, ownership o'f the Site, as a or use . or disposal of hazardous substances at the Site. 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 ccstrs: incurred by the United States in connection with response activities at the Site not otherwise reimbursed by 107 Respondent. 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. xv:!:. 69. Respondents instrument, one ASSURANCE OP ABl:Ll:'l'Y TO COMPLETE WORK shall establish and maintain a financial financial mechanism such as trust account, or·other those set forth at 40 C.F.R. of funded Part 264.143, acceptable the work and any other sufficiently perform obligations required under this Order, including a margin EPA, to cost. overruns. this Order, Within fifteen Respondents shall (15) days of the effective either. fund the financial to for date of |
