| OCR Text |
Show 74. and the this In oon s t de r at payments that i on will t.hat ac ti ons th of be made wi 11 by Respondent be under pe r f o r med the terms,. Consertt Order, and except as specifically provided in Paragraph 75 of this Section, EPA covenants not to sue, or take administrative action against Respondent pursuant to Sections 106 and 107(a) of CERCLA for performance of the Work and recovery of These 'covenants response costs incurred in overseeing the Work. not to sue shall take effect upon EPA's determination that the of satisfactorily completed and that all payments These required by Paragraph 66 have been received by EPA. conditioned the sue'are covenants not to complete and upon their of obligations under satisfactory performance by Respondent Work has this Consent been Order. Notwithstanding any other provision of this Consent reserves, and ttais Consent 'Order is without prejudice Order, to, the right to institute an action or issue an administrative (1) to perform further response order to compel Respondent: actions relating to the Site; or, (2) to reimburse EPA for 75. EPA additional costs (i) of if: at the conditions are (ii) response discovered; Site, previously unknown to EPA, or, information, previously unknown to EPA, received, in whole or in part, is peviously unknown conditions or information together any other relevant information indicates that the response action is not protective of human health or the environment. and these with XXII. DISCLAIMERS implementation of this Order by Respondent does not necessarily indicate agreement with EPA's Furthermore, the Findings of Fact and Conclusions of Law. in this Order shall not be considered of Respondent participation admission of liability and is not admissible in evidenca an against Respondent in any judicial or administrative proceeding other than a proceeding by the United States, incluqing EPA, to enforce this Order or a,judgment relating to it. Respondent 76. The execution and rights to assert claims against other potentially Howeve r Respondent agrees not responsible parties at the Site. to contest the validity or terms of this Order, or the procedures underlying or relating to it in any action brought by the United States, including EPA, to enforce its terms. retains its , 77. Nothing in this Order is intended demands to release any in law or equity of nny claims, causes of action, not to this Order for any subject party against any entity in out of or any way relating to the Site. liability arising or 24 |
