COVENANTS BY PURCHASER. Covenants by Purchaser Subject to ¶ 80, Purchaser covenants not to sue and shall not assert any claim or cause of action against the United States under CERCLA, RCRA § 7002(a), the United States Constitution, the Xxxxxx Act, 28 U.S.C. § 1491, the Equal Access to Justice Act, 28 U.S.C. § 2412, the State Constitution, State law, or at common law regarding Existing Contamination, the Work, payments under Section XI (Payment for Response Costs), and this Settlement. Subject to ¶ 80, Purchaser covenants not to seek reimbursement from the Fund through CERCLA or any other law for the costs regarding the Existing Contamination, the costs of the Work, payments under Section XI (Payment for Response Costs), or any claim arising out of response actions at or in connection with the Site. Purchaser’s Reservation. The covenants in ¶ 79 do not apply to any claim or cause of action brought, or order issued, after the Effective Date by the United States to the extent such claim, cause of action, or order is within the scope of a reservation under ¶¶ 76.a through 76.e. [Purchaser agrees not to seek judicial review of the final rule listing the Site on the NPL based on a claim that changed site conditions that resulted from the performance of the Work in any way affected the basis for listing the Site.]
COVENANTS BY PURCHASER relating to the issue of contribution notices and financial support directions by the UK Pensions Regulator despite the Comfort Letter being issued by
COVENANTS BY PURCHASER. 92. Purchaser covenants not to sue and agrees not to assert any claims or causes of action against the United States, the State, or their respective contractors or employees, with respect to Existing Contamination, the Work, payments under Section XIII (Payment of Response Costs), and this Settlement, including, but not limited to:
COVENANTS BY PURCHASER. Purchaser covenants not to sue and agrees not to assert any claims or causes of action against the United States, the State of Texas, including TCEQ, or their contractors or employees, with respect to Existing Contamination, the Work, or this Settlement, including, but not limited to: any direct or indirect claim for reimbursement from the EPA Hazardous Substance Superfund through sections 106(b)(2), 107, 111, 112, or 113 of CERCLA, 42 U.S.C. §§ 9606(b)(2), 9607, 9611, 9612, or 9613, or any other provision of law; any claim arising out of response actions at or in connection with the Site, including any claim under the United States Constitution, the Texas Constitution, the Xxxxxx Act, 28 U.S.C. § 1491, the Equal Access to Justice Act, 28 U.S.C. § 2412, or at common law; or any claim pursuant to sections 107 and 113 of CERCLA, 42 U.S.C. §§ 9607 and 9613, section 7002(a) of RCRA, 42 U.S.C. § 6972(a), or state law. These covenants not to sue shall not apply in the event the United States brings a cause of action or issues an order pursuant to any of the reservations set forth in Section XIX (Reservations of Rights by United States and TCEQ), other than in Paragraph 76.a. (liability for failure to meet a requirement of the Settlement), 76.c. (criminal liability), or 76.d. (violations of federal/state law during or after implementation of the Work), but only to the extent that Purchasers’ claims arise from the same response action, response costs, or damages that the United States is seeking pursuant to the applicable reservation. Nothing in this Settlement shall be deemed to constitute approval or preauthorization of a claim within the meaning of section 111 of CERCLA, 42 U.S.C. § 9611, or 40 C.F.R. § 300.700(d). Purchaser reserves, and this Settlement is without prejudice to, claims against the United States, subject to the provisions of Chapter 171 of Title 28 of the United States Code, and brought pursuant to any statute other than CERCLA or RCRA and for which the waiver of sovereign immunity is found in a statute other than CERCLA or RCRA, for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the United States, as that term is defined in 28 U.S.C. § 2671, while acting within the scope of his or her office or employment under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where th...
COVENANTS BY PURCHASER. 45. The Club covenants not to sue and agrees not to assert any claims or causes of action against the United States or the State or their contractors or employees, with respect to the Site or this Agreement, including, but not limited to:
COVENANTS BY PURCHASER. The Purchaser covenants to the Vendor that it will do or cause to be done the following:
COVENANTS BY PURCHASER. During the term of this Agreement, the Purchaser covenants to:
COVENANTS BY PURCHASER
