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Show EPA Docket No. CERCLA-VIll-93-10 14 limitation, seeking injunctive relief, monetary penalties, or punitive damages. Nothing herein shall preclude EPA from additional enfo.rcement actions and/or other undertaking any 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. Neither EPA 64. United States, by issuance of this any liability any acts, or omissions of nor Respondents', employees, agents contractors, or consul tants 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, Order, agents, to nor the for assumes contractors, this or consultants in carrying out Work pursuant Order. 65. 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 constitute a decision on preauthorization of funds under Section' 111(a) (2) of CERCLA, 42 U.S.C. § 9611(a) (2). interest, Nothing defense, or Nothing in satisfaction or 66. cause this Order release shall from constitute liability or be construed for Respondents, nor their agents, contractors, lessees, successors, 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, as a or use or disposal of hazardous 67. EPA reserves its of CERCLA, 42 U.S.C. § substances rights at the Site. Section 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 Respondents. 107 9607, to seek, recovery pursuant from to Respondents Nothing in this Order shall be construed to Respondents from any liability for failure, to perform 68. release the Work in accordance'with this Ordero XVI. ASSURANCE OF ABILITY TO COMPLETE WORK 69. Respondents 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 perform 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 |
