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

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Act, and any other valid order, subpoena, directive or other instrument issued by or under the authority of a federal or state court or other agency. (b) The Settling Parties intend by this Section 6 to protect from disclosure the terms of this Settlement Agreement and all confidential information and documents shared among any Settling Parties or between any Settling Party and counsel retained by the USOR Site PRP Group or any technical consultant to the greatest extent permitted by law regardless of whether the sharing occurred before execution of this Settlement (c) The confidentiality obligations of the Settling Parties under this Section 6 shall remain in full force and effect, without regard to whether actions arising out of the USOR Site are terminated by final judgment, and shall survive any termination of this Settlement Agreement. The provisions of this Section 6 shall not apply to information which is now or hereafter becomes public knowledge without violation of this Settlement Agreement, which is sought and obtained from a Settling Party pursuant to applicable discovery procedures and not otherwise protected from disclosure or which is required to be disclosed pursuant to any applicable open records law. (d) Information subject to the confidentiality provision of this Section 6 shall be governed for purposes of admissibility in any later litigation by Rule 408, Compromise Offers and Negotiations, of the Federal Rules of Evidence. Each Settling Party agrees that the purposes of the confidentiality provisions are to prevent dissemination of the terms of this Settlement Agreement and shared information to persons who are not parties to this Settlement Agreement and to restrict the admissibility of this Settlement Agreement and shared information. Each Settling Party further agrees that the receipt and knowledge of the terms of this Settlement Agreement or any shared information pursuant to this Settlement Agreement shall not be the basis for disqualification of any person from participation in any subsequent administrative or legal proceeding, including litigation for recovery of response costs. (e) Nothing in this Section 6 is intended to prohibit the sharing of information with a Settling an insurer is subject to the confidentiality provisions of this Section 6. 7. Denial of Liability and Reservation of Rights. Except as expressly provided by the terms of this Settlement Agreement, this Settlement Agreement shall not constitute, be interpreted, construed or used as evidence of any admission of fact, law, responsibility, liability or fault, a waiver or release of any right or defense not specifically enumerated, or an estoppel against any Settling Party, by Settling Parties as among themselves, or by any other person not a Settling Party. 8. Insurance. The Settling Parties do not intend hereby to make any Settlement Agreement that will prejudice any Settling Party with respect to its insurers and, by entering into this Settlement Agreement, anticipate that the actions taken pursuant to this Settlement Agreement will benefit such insurers. If any insurer makes any claim that any aspect of this Settlement Agreement provides a basis for rejection or limitation of coverage of a Settling Party, the USOR Site PRP Group will attempt, consistent with the settlement reflected in this Settlement Agreement and related documents, to return any Settling Party subject to such claim to a position that is satisfactory to such insurers. 6