General Reservations Sample Clauses

General Reservations. All management rights and functions except those expressly abridged by this Agreement shall remain solely and exclusively vested in Foundation. Foundation through its designated officers and agents retains full and exclusive control of all operations, meth- ods, processes, means, and personnel by which any and all work is performed, and the size and composition of its work force.

General Reservations. Notwithstanding any other provision of this Settlement, the United States reserves, and this Settlement is without prejudice to, all rights against Purchaser regarding the following: liability for failure by Purchaser to meet a requirement of this Settlement; liability resulting from an act or omission that causes exacerbation of Existing Contamination by Purchaser, its successors, assigns, lessees, or sublessees; liability resulting from the disposal, release, or threat of release of hazardous substances, pollutants or contaminants at or in connection with the Site after the Effective Date, not within the definition of Existing Contamination; liability arising from the past, present, or future disposal, release, or threat of release of Waste Material outside of the Site, except as provided in clause c of the definition of Existing Contamination; liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments; and criminal liability. With respect to any claim or cause of action asserted by the United States, Purchaser shall bear the burden of proving that the claim or cause of action, or any part thereof, is attributable solely to Existing Contamination. Subject to ¶ 73, nothing in this Settlement limits any authority of the United States or EPA to take, direct, or order all appropriate action to protect public health and welfare and the environment or to prevent, ▇▇▇▇▇, respond to, or minimize an actual or threatened release of Waste Material on, at, or from the Site, or to request a Court to order such action. Further, except as specifically provided in this Settlement, nothing in this Settlement shall prevent the United States from seeking legal or equitable relief to enforce the terms of this Settlement or from taking other legal or equitable action as it deems appropriate and necessary.

General Reservations. Subject to the limitations set forth in this Easement, Grantor reserves the right to use the Property for the following purposes: a. Ingress and egress; b. Commercial and noncommercial forestry, as more particularly described in subsection 1.2; c. Fire prevention and firefighting, including the right to construct, use, and maintain roads and trails, draw water, and employ other measures as reasonably necessary to suppress, control, prevent, extinguish, and fight wildfires; d. Road use, construction, and maintenance under easements, matters of record, prescriptive rights, unrecorded roadway use agreements disclosed to Grantee before the Effective Date, and access rights granted by Grantor in the ordinary course of Grantor’s commercial forestry business; e. Recreation and education, including the right to construct improvements such as trails, primitive camping sites, outhouses, composting toilets, interpretive signs, directional signs, railings, walkways, wildlife observation stands or blinds, septic systems, water and utility services and systems, paved roads, and other similar improvements and appurtenant facilities; f. Sell, lease, or encumber the Property as set forth in subsection 1.3; and g. Other uses not prohibited by this Easement so long as the uses are consistent with the purposes of the Forest Legacy Program as of the Effective Date and the limitations set forth hereafter. No other use is permitted.

General Reservations. The Settling Parties represent and agree that, except as specifically otherwise provided herein: (a) This Joint Settlement represents a negotiated settlement for the purpose of compromising and settling all issues which were raised relating to this proceeding. (b) Each of the undersigned counsel of record affirmatively represents that he or she has full authority to execute this Joint Settlement on behalf of their client(s). (c) None of the signatories hereto shall be prejudiced or bound by the terms of this Joint Settlement in the event the Commission does not approve this Joint Settlement nor shall any of the Settling Parties be prejudiced or bound by the terms of this Joint Settlement should any appeal of a Commission order adopting this Joint Settlement be filed with the courts. (d) Nothing contained herein shall constitute an admission by any Settling Party that any allegation or contention in these proceedings as to any of the foregoing matters is true or valid and shall not in any respect constitute a determination by the Commission as to the merits of any allegations or contentions made in this rate proceeding. (e) The Settling Parties agree that the provisions of this Joint Settlement are the result of extensive negotiations, and the terms and conditions of this Joint Settlement are interdependent. The Settling Parties agree that settling the issues in this Joint Settlement is in the public interest and, for that reason, they have entered into this Joint Settlement to settle among themselves the issues in this Joint Settlement. This Joint Settlement shall not constitute nor be cited as a precedent nor deemed an admission by any Settling Party in any other proceeding except as necessary to enforce its terms before the Commission or any state court of competent jurisdiction. The Commission’s decision, if it enters an order consistent with this Joint Settlement, will be binding as to the matters decided regarding the issues described in this Joint Settlement, but the decision will not be binding with respect to similar issues that might arise in other proceedings. A Settling Party’s support of this Joint Settlement may differ from its position or testimony in other dockets. To the extent there is a difference, the Settling Parties are not waiving their positions in other dockets. Because this is a settlement, the Settling Parties are under no obligation to take the same position as set out in this Joint Settlement in other dockets.

General Reservations. Notwithstanding any other provisions of this Settlement, EPA reserves, and this Settlement is without prejudice to, all rights against Respondents and Settling Federal Agencies regarding the following: liability for failure by Respondents or Settling Federal Agencies to meet a requirement of this Settlement; liability for performance of response action other than the Work; liability arising from the past, present, or future disposal, release or threat of release of Waste Materials outside of the Site; [if needed: liability for costs incurred or to be incurred by the Agency for Toxic Substances and Disease Registry regarding the Site;] liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments; and criminal liability. Subject to ¶ 61 and ¶ 62, nothing in this Settlement limits any authority of EPA to take, direct, or order all appropriate action to protect public health and welfare and the environment or to prevent, ▇▇▇▇▇, respond to, or minimize an actual or threatened release of Waste Material on, at, or from the Site, or to request a Court to order such action.

General Reservations. Nothing in this Agreement shall restrict or limit in any way any cause of action or other rights, whether contingent or absolute, matured or un- matured, determined or undetermined, or known or unknown as of the Effective Date of this Agreement, that any Party to this Agreement may have against any Person or Governmental Entity that is not a Party to this agreement, including, without limitation, any cause of action for contribution or indemnity against any non-Party for reimbursement of the considerations incurred or to be incurred by that Party pursuant to this Agreement.

General Reservations. Notwithstanding any other provision of this Settlement, EPA reserves, and this Settlement is without prejudice to, all rights against Respondents and Settling Federal Agencies regarding the following: liability for failure by Respondents and Settling Federal Agencies to meet a requirement of this Settlement; liability for performance of response action other than the Work; liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments; liability arising from the past, present, or future disposal, release or threat of release of Waste Materials outside of the Site; and criminal liability. Subject to ¶ 67, nothing in this Settlement limits any authority of EPA to take, direct, or order all appropriate action to protect human health and the environment or to prevent, ▇▇▇▇▇, respond to, or minimize an actual or threatened release of Waste Material on, at, or from the Site, or to request a Court to order such action.

General Reservations. Notwithstanding any other provisions of this Settlement, EPA reserves, and this Settlement is without prejudice to, all rights against Respondents and Settling Federal Agencies regarding the following: liability for failure by Respondents or Settling Federal Agencies to meet a requirement of this Settlement; liability for performance of response action other than the Work; liability arising from the past, present, or future disposal, release or threat of release of Waste Materials outside of the Site; [if needed: liability for costs incurred or to be incurred by the Agency for Toxic Substances and Disease Registry regarding the Site;] liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments; and criminal liability. Subject to ¶ 62 and ¶ 63, nothing in this Settlement limits any authority of EPA to take, direct, or order all appropriate action to protect public health and welfare and the environment or to prevent, ▇▇▇▇▇, respond to, or minimize an actual or threatened release of Waste Material on, at, or from the Site, or to request a Court to order such action. COVENANTS BY RESPONDENTS AND SETTLING FEDERAL AGENCIES Subject to ¶ 68, Respondents covenant 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 ▇▇▇▇▇▇ 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 the Work, [Past Response Costs,] or Future Response Costs. Subject to ¶ 68, Respondents covenant not to seek reimbursement from the Fund through CERCLA or any other law for costs of the Work, [Past Response Costs,] Future Response Costs.

General Reservations. Notwithstanding any other provision of this Settlement, EPA reserves, and this Settlement is without prejudice to, all rights against Respondents and Settling Federal Agencies regarding the following: liability for failure by Respondents and Settling Federal Agencies to meet a requirement of this Settlement; liability for performance of response action other than the Work; liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments; liability arising from the past, present, or future disposal, release or threat of release of Waste Materials outside of the Site; and criminal liability. Subject to ¶ 67, nothing in this Settlement limits any authority of EPA to take, direct, or order all appropriate action to protect human health and the environment or to prevent, ▇▇▇▇▇, respond to, or minimize an actual or threatened release of Waste Material on, at, or from the Site, or to request a Court to order such action. COVENANTS BY RESPONDENTS AND SETTLING FEDERAL AGENCIES Subject to ¶ 73, Respondents covenant not to sue and shall not assert any claim or cause of action against the United States under CERCLA, section 7002(a) of RCRA, the United States Constitution, the ▇▇▇▇▇▇ 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 the Work, [Past Response Costs,] Future Response Costs, and this Settlement. Subject to ¶ 73, Respondents covenant not to seek reimbursement from the Fund through CERCLA or any other law for costs of the Work, [Past Response Costs,] Future Response Costs, or any claim arising out of response actions at or in connection with the Site. Respondents’ Reservation. The covenants in ¶ 72 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 ¶¶ 70.a through 70.e.