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Show xx. 68. With regard for matters Respondent OF EFFECT SETTLEMENT claims for addressed in to contribution this Consent against Order, the Parties agree that the Respondent is entitled, as of the effective date of this Order, to such protection from contribution actions or claims as is provided by CERCLA section 113(f)(2), 42 U.S.C. § 9613(f)(2). 69. Except to the extent that Respondent is liable for the contamination that is the subject of EPA's removal action, Respondent shall not, by virtue of having received on its property contaminated material, incur any liability under section ,107 of CERCLA, 42 U.S.C. § 9607. 70. Upon payment 6f the response costs specified in paragraphs 63 and 64, and EPA's acceptance of the Notice of Completion as provided in paragraph 84, EPA covenants not to sue Respondent or Kennecott for any Work, other than operation and maintenance and related requirements at the repository, undertaken by EPA or Respondent relating to or arising out of the removal action as described in EPA's Action Memorandum of May 14, 1991, and agrees not to assert any CERCLA claims or causes of action against Respondent with respect to the Site or this Order, except as provided herein. 71. may have action. this Respondent waives any statutory or common law claims it against EPA relating to or arising out of this removal Nothing in this Section shall preclude enforcement of Order. XI. RESERVATIONS OF RIGHTS Except as expressly provided in this Order, each party rights and defenses it may have, including assertion of applicable privileges. Nothing in this Order shall affect' EPA's removal authority or EPA's response or enforcement' authorities including, but not limited to, the right to seek injunctive relief, either stipulated penalties or statutory penalties, and/or punitive damages. Respondent retains its right to assert claims against other potentially responsible parties at the Site. 72. reserves all XXII. DISCLAIMERS execution and implementation of this Order by not necessarily indicate agreement with EPA's does Respondent Fact and Conclusions of Law. of Furthermore, the Findings participaton of Respondent in this Order shall not constitute an This Order is not admissible in evidence admission of liability. 73. The against Respondent as evidence of liability in any judicial or administrative proceeding other than a proceeding by the United 23 |
