CONTRIBUTION PROTECTION. 45. The Parties agree that, and by entering this Settlement Agreement and the Environmental Custodial Trust Agreement, the Court finds, that this settlement constitutes a judicially-approved settlement for purposes of Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), and that the Debtors and the Custodial Trust Parties are entitled, as of the Effective Date, to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), or as may be otherwise provided by law, for “matters addressed” in this Settlement Agreement. Subject to the last sentence of this Paragraph, the “matters addressed” in this Settlement Agreement, as that phrase is used in Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), include, without limitation, (i) claims by EPA or potentially responsible parties for response costs at or in connection with each of the Liquidated Sites and Transferred Real Properties, including claims related to releases of hazardous substances from any portion of the Liquidated Sites and Transferred Real Properties and all areas affected by natural migration of such substances from such sites; (ii) claims by DOI or potentially responsible parties for natural resource damages for injury to DOI trust resources (including related natural resource damage assessment costs) at or in connection with each of the Liquidated Sites and Transferred Real Properties for which DOI is providing a covenant not to sue pursuant to Paragraph 37, including claims related to releases of hazardous substances from any portion of the Liquidated Sites and Transferred Real Properties and all areas affected by natural migration of such substances from such sites; and (iii) claims by NOAA or potentially responsible parties for natural resource damages for injury to NOAA trust resources (including related natural resource damage assessment costs) at or in connection with each of the Liquidated Sites and Transferred Real Properties for which NOAA is providing a covenant not to sue pursuant to Paragraph 37, including claims related to releases of hazardous substances from any portion of the Liquidated Sites and Transferred Real Properties and all areas affected by natural migration of such substances from such sites. The “matters addressed” in this Settlement Agreement do not include claims against any of the Debtors for liquidated past response costs incurred prior to the Petition Dates and included in proofs of claim filed in any of the B...
CONTRIBUTION PROTECTION. 17.1. Pursuant to Rhode Island General Laws Section 23-19.14-12, the Parties hereby agree that the Settling Respondent has resolved its liability to the State and shall not be liable for claims for contribution regarding the response actions taken or to be taken and response costs incurred or to be incurred by the State or any other person with respect to the Existing Contamination at the Site.
CONTRIBUTION PROTECTION. 4.4.1. The Parties agree that upon the Approval Order becoming Final, this Agreement will constitute a judicially approved settlement for purposes of Section 113(f)(2) of CERCLA, and that Anadarko is entitled, as of the Payment Date and upon the payment required by Section 3.1, to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. §§ 9613(f)(2), or as otherwise provided by law for matters addressed in this Agreement.
CONTRIBUTION PROTECTION. 105. The parties hereto agree, and by entering this Settlement Agreement the Bankruptcy Court finds, that this Settlement Agreement constitutes a judicially-approved settlement for purposes of Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), and that the Debtors and the Environmental Response Trust and the Environmental Response Trust Protected Parties, as of the Effective Date, are entitled to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2) or as may be otherwise provided by law, for “matters addressed” in this Settlement Agreement. The “matters addressed” in this Settlement Agreement are all costs of Environmental Actions incurred or to be incurred by the U.S. EPA, the States, or the Tribe or any other person or entity relating to or in connection with the Properties, including releases of Hazardous Substances from any portion of the Properties, and all areas affected by migration of such substances emanating from the Properties; provided, however, that the “matters addressed” in this Settlement Agreement do not include (i) any matters reserved in Paragraph 100 of this Settlement Agreement; or (ii) any claims for past costs asserted by potentially responsible parties who are not parties to this Settlement Agreement. 106. Debtors have informed Massachusetts, and hereby state, that they are not seeking contribution protection under Mass. Gen.Laws ch.21E, § 3A(j)(2), so that the comment period referenced in Mass. Gen.Laws ch.21E, § 3A(j)(2) shall be deemed to be closed.
CONTRIBUTION PROTECTION. 34. The parties hereto agree that, as of the Closing Date, Debtors, the Reorganized Debtors, and the Custodial Trust Parties are entitled to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2) or similar state law for matters addressed in this Settlement Agreement. This specifically includes, without limitation, contribution protection against the alleged purchaser of the Xxxxxxx Site pursuant to the purported tax sale conducted by Lake County, Indiana.9 The matters addressed in this Settlement Agreement include all costs of Environmental Actions, including oversight costs, incurred or to be incurred by the United States and the States or any other person relating to or in connection with the Designated Properties, the Sites, the Not Owned Portions of the Xxxxxx Springs Site, the Other Arizona Sites, and the Xxxx Xxx Site, including releases of hazardous substances from any portion of the Designated Properties and the Sites, the Not Owned Portions of the Xxxxxx Springs Site, the Other Arizona Sites, and the Xxxx Xxx Site, and all areas affected by natural migration of such substances from such sites. Matters addressed in this Settlement Agreement also include the States’ claims for NRD including restoration and assessment costs relating to or in connection with the Designated Properties and the Sites except for the Alton, Beckemeyer, Xxxxxx Springs Sites, and Separately Settled Matters. Matters addressed in this Settlement Agreement do not include the City of Xxxxxx’x claim for maintenance of the road repository containing Category II Waste Materials or maintenance of the Parking Repository at the Xxxxxx Site, the City and County of Denver’s claims at the Globe Site, and the Separately Settled Matters
CONTRIBUTION PROTECTION. 55. The Parties agree that, and by entering this Settlement Agreement and the Environmental Trust Agreement, the Bankruptcy Court finds, that this settlement constitutes a judicially-approved settlement for purposes of Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), and that the Reorganized Debtors and the Environmental Trust Parties are entitled, as of the Effective Date, to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), or as may be otherwise provided by law, for “matters addressed” in this Stipulation and Settlement Agreement. Subject to the last sentence of this Paragraph, the “matters addressed” in this Stipulation and Settlement Agreement, as that phrase is used in Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), include, without limitation, claims by the United States, the States, the Environmental Agencies, or potentially responsible parties for response costs at or in connection with each of the DPH Sites, including claims related to releases of hazardous substances from any portion of the DPH Sites and all areas affected by natural migration of such substances from the DPH Sites.
CONTRIBUTION PROTECTION. 116. The Parties agree that this Settlement Agreement constitutes an administrative settlement pursuant to which Respondent has, as of the Effective Date, resolved liability to the United States within the meaning of Sections 113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.C. §§ 9613(f)(2) and 9622(h)(4), and is entitled, as of the Effective Date, to protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(h)(4) of CERCLA, or as may be otherwise provided by law, for “matters addressed” in this Settlement Agreement. The “matters addressed” in this Settlement Agreement are the Work and Future Response Costs. The Parties further agree that this Settlement Agreement constitutes an administrative settlement pursuant to which Respondent has, as of the Effective Date, resolved liability to the United States within the meaning of Section 113(f)(3)(B) of CERCLA, 42 U.S.C. § 9613(f)(3)(B).
CONTRIBUTION PROTECTION. 6.1 Nothing in this Agreement shall be construed to create any rights in, or grant any cause of action to, any person not a party to this Agreement. Each of the Parties expressly reserves any and all rights (including, but not limited to, pursuant to CERCLA, 42 U.S.C. § 9613), defenses, claims, demands, and causes of action that each Party may have with respect to any matter, transaction, or occurrence relating in any way to Environmental Releases or the Covered Conduct against any person not a Party hereto.
CONTRIBUTION PROTECTION. 25. The Parties agree, and by approving this Settlement Agreement, the Bankruptcy Court finds, that this Settlement Agreement constitutes a judicially approved settlement with respect to EPA Liquidated Sites and PRP Liquidated Sites for purposes of Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), and that the Debtors, with respect to the EPA Liquidated Sites and PRP Liquidated Sites, are entitled, as of the Effective Date, to protection from contribution actions and claims by third parties as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), or as may otherwise be provided by law, for “matters addressed” in this Settlement Agreement. The “matters addressed” in this Settlement Agreement, as that phrase is used in Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), are (i) all response actions taken, or to be taken, and all response costs incurred and to be incurred, and all natural resource damages assessed at or in connection with the EPA Liquidated Sites and PRP Liquidated Sites by the United States (exclusively on behalf of EPA), PRPs or other potentially responsible parties, and
CONTRIBUTION PROTECTION. 6.1 Kodak and the United States on behalf of EPA and DOI agree, and by entering this Settlement Agreement the Court finds, that this Settlement Agreement constitutes a judicially-approved settlement for purposes of Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), and that Kodak is entitled, as of the Settlement Effective Date, to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), or as may be otherwise provided by law, for “matters addressed” in this Settlement Agreement. The “matters addressed” in this Settlement Agreement, as that phrase is used in Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2), are: (a) claims by EPA or potentially responsible parties for response costs in connection with the Pre-Existing Contamination; and (b) claims by DOI or potentially responsible parties for natural resource damages for injury at EBP or the Genesee River (including related natural resource damage assessment costs) with respect to Pre-Existing Contamination; provided, however, that if the United States exercises rights under the reservations in Section 5.7, other than 5.7(i) (failure to meet a requirement of this Settlement Agreement or the Amended EBP Settlement Agreement) or 5.7(ii) (criminal liability), the "matters addressed" in this Settlement Agreement will no longer include those response costs or natural resource damages that are within the scope of the exercised reservation.
