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Show 78. In to seek right section U;S.C. this under claim 9612. entering this Order,' Respondent waives any under section 106(b) of CERCLA, 42 for costs reimbursed or Work performed also waives any right to present into reimbursement 9606(b), Respondent Order. under CLAIMS OTHER XXIII. section 111 of 112 or U.S.C. 42 CERCLA, §§ 9611 any decision on 111(a)(2) of CERCLA, section preauthorization of funds under waives all other further U.S.C. § 9611(a)(2). Respondent This Order does not a or constitute 42 statutory and common law claims against the United States including, but not limited to, contribution and counterclaims, relating to or arising out of conduct of this removal action. 79. Nothing in this Ordr shall constitute o be construd release from any claim, cause of action, or demand in law or equity against any person, firm, partnership, subsidiary, or corporation for any liability it may have arising out of or as a relating in any way to the generation, storage, treatment, handling, transportati9n, release, or disposal of any hazardous pollutants, or contaminants found at, taken to, taken from the Site, except as stated in paragraph 76. substances, FINANCIAL XXIV. acceptable any this ASSURANCE Respondent shall 81. instrument other or trust AND establish account or fees. attorneys INDEMNIFICATION and other and costs own maintain a financial mechanism financial sufficiently to perform'the Work and obligations required under this Order, iricluding a to for margin its Respondent shall bear 80. or EPA, cost funded overruns. On or fund shall before the effective date the financial instrument of or Respondent under to the Work trust required perform sufficiently this Order projected for the period beginning with the effective date of the Order through the end of the current calendar quarter year and on or before the 15th day of each calendar year quarter thereafter, Respondent shall fund the financial instrument or trust account sufficiently to perform the Work and other activities required under this Order projected for the succeeding calendar year quarter. Order, account . If, 82. instrument or at any time, the trust account is net 6f worth the insufficient financial perform the Work for the upcoming quarter, to obligations under the Order Respondent shall provide written notice to EPA within seven (7) days after the net worth of the financial instrument or trust and other account the becomes instrument why insufficiently and explain. taken to fund The insufficient. financial the financial or what written trust have been 25 or trust shall describe funded is actions instrument notice account or will account be |
