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Show EPA, to enforce this Order or a judgment parties agree not to contest the validity or terms of this Order, or the procedures underlying or relating to it in any action brought to enforce tts terms. states, on to relating 74. behalf of it. The Nothing of claims, party against any liability arising causes is intended to release any in law or equity of any demands action, not this Order for any to entity subject out of or in any way relating to the Site. in this Order or XXIII. this CLAIMS into this Order, Respondent waives any reimbursement under section 106(b) of CERCLA, 42 9606(b), for costs reimbursed or Work performed under Order. Respondent also waives any right to present a claim 75. to U.S.C. § right OTHER In entering seek under §§ This preauthorization of U.S.C. § sections 111 or 112 of CERCLA, 42 U.S.C. Order does not constitute any decision on funds under section 111(a)(2) of CERCLA, 42 9611 or 9612. 9611(a)(2). 76. Nothing in this Order shall constitute or be construed release from any claim, cause of action, or demand in law or equity against any person, firm, partnership, subsidiary, or corporation not a party to this Order for any liability it may have arising out of or relating in any way to the generation, as a storage, treatment, handling, transportation, release, or disposal of any hazardous substances, pollutants, or contaminants found or taken not be responsible for attorneys fees incurred in relation this at, 77. taken to, EPA XXIV. shall from the to FINANCIAL ASSURANCE AND Site. Respondent's costs and Order. INDEMNIFICATION 30 days of the effective date of this Order, its financial capabilities by demonstrate Respondent EPA the Enforcement Specialist a financial statement providing certified y Respondent's chief financial officer that demonstrates that Respondent has: (i) net working capital and tangible net worth of at least $10 million; (ii) tangible net worth of at least $10 million; and, (iii) assets located in the United States amounting to at least 75% of its total assets or at EPA agrees that the financial statement least $10 million. submitted by Respondent is confidential business information and shall be afforded the. protection specified in 40 C.F.R. Part 2, Within 78. shall Subpart B. 79. persons EPA or Respondent this shall not be liable property resulting or its contractors for any injury or damages from acts or omissions of the in implementing Order.· 24 the to requirements of |
