10-24-16 Regular Meeting of the La Porte City Council

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(b) all future Response Costs of the USOR Site PRP Group arising from Future Orders at the USOR Site; and (c) third- of the Removal Action AOC, AOI-1 RI/FS AOC or any Future Orders conducted at the USOR Site. (d) claims by any USOR Site PRP Group member, including but not limited to Effective Environmental, Inc. against City of La Porte for contractual indemnity, breach of contract, and/or breach of warranty. 1.3.2 Covered Matters shall not mean: (a) any claim or liability relating to the enforcement of this Settlement Agreement; (b) claims for toxic torts, personal injury or property damage claims by third-party entities who are not Settling Parties; (c) criminal liability; (d) liability of the Settling Parties based upon their ownership or operation of the USOR Site, or upon the transportation, treatment, storage, or disposal, or the arrangement for the transportation, treatment, storage, or disposal, of a hazardous substance or a solid waste at or in connection with the USOR Site, after signature of this Settlement Agreement; (e) liability for claims of any nature related to any facility other than the USOR Site; (f) any claims resulting from City of La Porteviolation of any order issued pursuant to CERCLA or the TSWDA, other than any Future Orders; and (g) claims by any third party, other than USOR Site PRP Group members and Settling Parties, against City of La Porte for contractual indemnity or related to City of La Porteactual or alleged insurers. 1.4 EPA shall mean the United States Environmental Protection Agency. 1.5 Future Orders shall mean an order of EPA or any other federal or state agency that requires any response actions to the extent such response actions address any hazardous substances or other pollutants discharged or disposed of at the USOR Site prior to the date of the Removal Action AOC. 1.6 Removal Action AOC -10-11. 1.7 Response Costs shall mean removal and remedial response costs; costs of operation, maintenance and monitoring of any removal or remedial action; oversight costs; and any other costs of complying with the Removal Action AOC, AOI-1 RI/FS AOC or any Future Orders. 2