General Reservations. The Stipulating Parties represent and agree that, except as specifically provided:
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. SITLA reserves to the State, for the benefit of the trust land beneficiaries:
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, xxxxx, 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. XXXXX reserves to the State, for the benefit of the trust land beneficiaries:
General Reservations. The Settling Parties represent and agree that, except as specifically otherwise provided herein:
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, xxxxx, 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. Subject to the limitations set forth in this Easement, Grantor reserves the right to use the Property for the following purposes:
General Reservations. 11. Nothing in this Agreement shall be construed as requiring:
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; and 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, xxxxx, 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.
