Effect of Settlement/Reservation of Rights. The following shall apply: (a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement. (b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. with respect to: (i) Noncompliance with or enforcement of any provision of this Settlement Agreement. (ii) Facts that were not disclosed by Suprema Meats, Inc. to CARB. (iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement. (iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise. (v) Any criminal liability. (vi) Any claim(s) of any officer or agency of the United States or California, other than CARB. (c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case. (d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement. (e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Satisfaction of all the requirements of this Settlement Agreement resolves shall resolve and settle all of CARB’s civil and/or administrative claims against PORSCHE that arise out of or relate to the civil claims of CARB for the violations alleged allegations described in this Settlement Agreementparagraph (6).
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. PORSCHE with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. PORSCHE with respect to:
(i) i. Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) . Facts that were not disclosed by Suprema Meats, Inc. PORSCHE to CARB.
(iii) . Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) . Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) v. Any criminal liability.
(vi) . Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. PORSCHE shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
d) This Settlement Agreement does not resolve or settle any claims, rights or remedies against PORSCHE (dincluding without limitation those that may arise out of or relate to the allegations described in paragraph (6)) that may be held by or asserted by the State of California, by any California government agency other than CARB, or by any other person or entity.
e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, state, or local laws or regulations. Without creating any new, independent or additional obligations for PORSCHE, reference is herein made to the following California laws and regulations: PORSCHE is responsible for achieving and maintaining complete compliance with all applicable federal, state, and local laws, regulations, and permits; and PORSCHE’s compliance with this Settlement Agreement shall be no defense to any action commenced pursuant to any such laws, regulations, or permits, except as set forth herein. CARB does not, by its consent to the entry of this Settlement Agreement, warrant or aver in any manner that PORSCHE’s compliance with any aspect of this Settlement Agreement will result in compliance with provisions of the Clean Air Act, or with any other provisions of United States, state, or local laws, regulations, or permits.
f) Nothing in this Settlement Agreement releases any private rights of action asserted by entities or persons not releasing claims under this Settlement Agreement, nor does this Settlement Agreement limit any defense available to PORSCHE in any such action.
g) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. PORSCHE or of CARB against any third parties parties, not covered by party to this Settlement Agreement, nor does it limit the rights of third parties parties, not covered by party to this Settlement Agreement Agreement, against Suprema Meats, Inc.PORSCHE, except as otherwise provided by law. .
h) This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by party to this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.’s compliance with this Settlement Agreement No third party shall not be a defense entitled to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.’s compliance with enforce any aspect of this Settlement Agreement will result in compliance with or claim any provisions legal or equitable injury for a violation of federal, State, or local laws, regulations, or permitsthis Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. STEADY GARAGE with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. STEADY GARAGE with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.,
(ii) Facts that were not disclosed by Suprema Meats, Inc. STEADY GARAGE to CARB.,
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.,
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.,
(v) Any criminal liability., or
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. STEADY GARAGE shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. STEADY GARAGE or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.STEADY GARAGE, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. STEADY GARAGE is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.STEADY GARAGE’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.STEADY GARAGE’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsDraco Buren Shipping Pte., Inc. Ltd. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsDraco Buren Shipping Pte., Inc. Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats▇▇▇▇▇ ▇▇▇▇▇ Shipping Pte., Inc. Ltd. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsDraco Buren Shipping Pte., Inc. Ltd. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsDraco Buren Shipping Pte., Inc. Ltd. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsDraco Buren Shipping Pte., Inc.Ltd., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsDraco Buren Shipping Pte., Inc. Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.;
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. ▇▇▇▇’▇ Furniture with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. ▇▇▇▇’▇ Furniture with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats, Inc. ▇▇▇▇’▇ Furniture to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. ▇▇▇▇’▇ Furniture shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. ▇▇▇▇’▇ Furniture or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.▇▇▇▇’▇ Furniture, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. ▇▇▇▇’▇ Furniture is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.▇▇▇▇’▇ Furniture’s
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsSkyway Trucking School, Inc. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsSkyway Trucking School, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema MeatsSkyway Trucking School, Inc. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsSkyway Trucking School, Inc. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsSkyway Trucking School, Inc. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsSkyway Trucking School, Inc., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsSkyway Trucking School, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema MeatsSkyway Trucking School, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.Settlement
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged as set out in this Settlement AgreementNotice of Violation CP22-04-05.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsSTLCC, Inc. with respect to all matters not expressly resolved set out in this Settlement AgreementNotice of Violation CP22-04-05. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. STLCC with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats, Inc. STLCC to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved set out in this Settlement AgreementNotice of Violation CP22-04-05.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. STLCC shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-claim- splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. STLCC or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.STLCC, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. STLCC is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.’s STLCC ‘s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.STLCC’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsNational Oak Distributors, Inc. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsNational Oak Distributors, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema MeatsNational Oak Distributors, Inc. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsNational Oak Distributors, Inc. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsNational Oak Distributors, Inc. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsNational Oak Distributors, Inc., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsNational Oak Distributors, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema MeatsNational Oak Distributors, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema MeatsNational Oak Distributors, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsCJBBB, Inc. INC. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsCJBBB, Inc. INC. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema MeatsCJBBB, Inc. INC. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsCJBBB, Inc. INC. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-claim- splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsCJBBB, Inc. INC. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsCJBBB, Inc., INC. except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsCJBBB, Inc. INC. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema MeatsCJBBB, Inc.’s INC. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema MeatsCJBBB, Inc.’s INC. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsMaritima Techship, Inc. SA de CV with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsMaritima Techship, Inc. SA de CV with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema MeatsMaritima Techship, Inc. SA de CV to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsMaritima Techship, Inc. SA de CV shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsMaritima Techship, Inc. SA de CV or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsMaritima Techship, Inc.SA de CV, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsMaritima Techship, Inc. SA de CV is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema MeatsMaritima Techship, Inc.SA de CV’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema MeatsMaritima Techship, Inc.SA de CV’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. Honda with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. Honda with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats, Inc. Honda to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in within this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. Honda shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-claim- splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. Honda or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.Honda, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. Honda is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.Honda’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.Honda’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. Seaspan Ship Management Ltd. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. Seaspan Ship Management Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats, Inc. Seaspan Ship Management Ltd. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. Seaspan Ship Management Ltd. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. Seaspan Ship Management Ltd. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.Seaspan Ship Management Ltd., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. Seaspan Ship Management Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.’s Seaspan Ship Management Ltd. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.’s Seaspan Ship Management Ltd. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsDraco Buren Shipping Pte., Inc. Ltd. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsDraco Buren Shipping Pte., Inc. Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats▇▇▇▇▇ ▇▇▇▇▇ Shipping Pte., Inc. Ltd. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsDraco Buren Shipping Pte., Inc. Ltd. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsDraco Buren Shipping Pte., Inc. Ltd. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsDraco Buren Shipping Pte., Inc.Ltd., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsDraco Buren Shipping Pte., Inc. Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.all
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. Rock Creek Solid Waste Facility with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. Rock Creek Solid Waste Facility with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats, Inc. Rock Creek Solid Waste Facility to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. Rock Creek Solid Waste Facility shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. Rock Creek Solid Waste Facility or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.Rock Creek Solid Waste Facility, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. Rock Creek Solid Waste Facility is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.Rock Creek Solid Waste Facility’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.Rock Creek Solid Waste Facility’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsCleanocean Shipmanagement, Inc. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsCleanocean Shipmanagement, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema MeatsCleanocean Shipmanagement, Inc. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsCleanocean Shipmanagement, Inc. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsCleanocean Shipmanagement, Inc. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsCleanocean Shipmanagement, Inc., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsCleanocean Shipmanagement, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema MeatsCleanocean Shipmanagement, Inc.’s Inc. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema MeatsCleanocean Shipmanagement, Inc.’s Inc. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB may have based on the known circumstances described in the Case Background above, including for the violations alleged in this Settlement Agreementthe NOV.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. Crimson with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. Crimson with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats, Inc. Crimson to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. Crimson shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-claim- splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. Crimson or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.Crimson, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. Crimson is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.Crimson’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.Crimson’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. Amazon with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. Amazon with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats, Inc. Amazon to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of enforce the Settlement Agreement, Suprema Meats, Inc. Amazon shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-claim- splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case. For the avoidance of doubt, nothing herein prevents Amazon from asserting any defense to any proceeding initiated by CARB other than a proceeding to enforce this Settlement Agreement.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. Amazon or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.Amazon, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. Amazon is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.Amazon’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.this
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement, and in Notice of Violation CP22-05-05, issued on May 16, 2022.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsQuality Bicycle Products, Inc. GBC with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsQuality Bicycle Products, Inc. GBC with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.;
(ii) Facts that were not disclosed by Suprema MeatsQuality Bicycle Products, Inc. GBC to CARB.;
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.;
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.;
(v) Any criminal liability.; and
(vi) Any claim(s) of any officer or agency of the United States or California, California other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsQuality Bicycle Products, Inc. GBC shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsQuality Bicycle Products, Inc. GBC or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsQuality Bicycle Products, Inc.GBC, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsQuality Bicycle Products, Inc. GBC is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema MeatsQuality Bicycle Products, Inc.GBC’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema MeatsQuality Bicycle Products, Inc.GBC’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsJDL Fragrances, Inc. Incorporated with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsJDL Fragrances, Inc. Incorporated with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema MeatsJDL Fragrances, Inc. Incorporated to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsJDL Fragrances, Inc. Incorporated shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsJDL Fragrances, Inc. Incorporated or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsJDL Fragrances, Inc.Incorporated, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsJDL Fragrances, Inc. Incorporated is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema MeatsJDL Fragrances, Inc.Incorporated’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema MeatsJDL Fragrances, Inc.Incorporated’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. Burrtec and its Affiliates with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. Burrtec and its Affiliates with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats, Inc. Burrtec and its Affiliates to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. Burrtec and its Affiliates shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. Burrtec and its Affiliates or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.Burrtec and its Affiliates, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. is Burrtec and its Affiliates are responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.’s Burrtec and its Affiliates’ compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.’s Burrtec and its Affiliates’ compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement, and to settle Notice of Violation (NOV) CP22-03-04, which CARB issued on March 29, 2022.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsBushnell Holdings, Inc. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsBushnell Holdings, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.;
(ii) Facts that were not disclosed by Suprema MeatsBushnell Holdings, Inc. to CARB.;
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly alleged in or resolved in by this Settlement Agreement.;
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.;
(v) Any criminal liability.; and
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsBushnell Holdings, Inc. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsBushnell Holdings, Inc. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsBushnell Holdings, Inc., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsBushnell Holdings, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema MeatsBushnell Holdings, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema MeatsBushnell Holdings, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. OWH Shipmanagement GmbH with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. OWH Shipmanagement GmbH with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats, Inc. OWH Shipmanagement GmbH to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. OWH Shipmanagement GmbH shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. OWH Shipmanagement GmbH or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.OWH Shipmanagement GmbH, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. OWH Shipmanagement GmbH is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.’s OWH Shipmanagement GmbH compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.’s OWH Shipmanagement GmbH compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats▇▇▇▇▇▇ Steamship, Inc. Ltd. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats▇▇▇▇▇▇ Steamship, Inc. Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats▇▇▇▇▇▇ Steamship, Inc. Ltd. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats▇▇▇▇▇▇ Steamship, Inc. Ltd. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats▇▇▇▇▇▇ Steamship, Inc. Ltd. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats▇▇▇▇▇▇ Steamship, Inc.Ltd., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats▇▇▇▇▇▇ Steamship, Inc. Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats▇▇▇▇▇▇ Steamship, Inc.’s Ltd. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats▇▇▇▇▇▇ Steamship, Inc.’s Ltd. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves all claims that CARB has brought or could have brought related to the civil claims of CARB for the facts and violations alleged in this Settlement AgreementAgreement and shall bar any further actions against Whole Foods Market related to the matters addressed herein.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. Whole Foods Market with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. Whole Foods Market with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats, Inc. Whole Foods Market to CARB or .otherwise available to CARB through Whole Foods Market’s RMP Regulation annual reports submitted to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meatsand subject to Paragraphs 27 (Release) and 33(a) and (b) (Effect of Settlement/Reservation of Rights), Inc. Whole Foods Market shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. Whole Foods Market or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.Whole Foods Market, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. Whole Foods Market is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.’s Whole Foods Market's compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.Whole Foods Market’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsTri-State Well Drilling & Pumps, Inc. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsTri-State Well Drilling & Pumps, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema MeatsTri-State Well Drilling & Pumps, Inc. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsTri-State Well Drilling & Pumps, Inc. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsTri-State Well Drilling & Pumps, Inc. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsTri-State Well Drilling & Pumps, Inc., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsTri-State Well Drilling & Pumps, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema MeatsTri-State Well Drilling & Pumps, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema MeatsTri-State Well Drilling & Pumps, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsMaypa Trucking, Inc. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsMaypa Trucking, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema MeatsMaypa Trucking, Inc. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsMaypa Trucking, Inc. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsMaypa Trucking, Inc. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsMaypa Trucking, Inc., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsMaypa Trucking, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema MeatsMaypa Trucking, Inc.’s Inc. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema MeatsMaypa Trucking, Inc.’s Inc. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsSource Atlantique, Inc. Incorporated with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsSource Atlantique, Inc. Incorporated with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema MeatsSource Atlantique, Inc. Incorporated to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsSource Atlantique, Inc. Incorporated shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsSource Atlantique, Inc. Incorporated or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsSource Atlantique, Inc.Incorporated, except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsSource Atlantique, Inc. Incorporated is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.Source
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema MeatsBoston Whaler, Inc. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema MeatsBoston Whaler, Inc. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema MeatsBoston Whaler, Inc. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema MeatsBoston Whaler, Inc. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema MeatsBoston Whaler, Inc. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema MeatsBoston Whaler, Inc., Inc. except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema MeatsBoston Whaler, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema MeatsBoston Whaler, Inc.’s Inc. compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema MeatsBoston Whaler, Inc.’s Inc. compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement
Effect of Settlement/Reservation of Rights. The following shall apply:
(a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement.
(b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Suprema Meats, Inc. Northstar Ship Management Ltd. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Suprema Meats, Inc. Northstar Ship Management Ltd. with respect to:
(i) Noncompliance with or enforcement of any provision of this Settlement Agreement.
(ii) Facts that were not disclosed by Suprema Meats, Inc. Northstar Ship Management Ltd. to CARB.
(iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement.
(iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise.
(v) Any criminal liability.
(vi) Any claim(s) of any officer or agency of the United States or California, other than CARB.
(c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Suprema Meats, Inc. Northstar Ship Management Ltd. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case.
(d) This Settlement Agreement does not limit or affect the rights of Suprema Meats, Inc. Northstar Ship Management Ltd. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Suprema Meats, Inc.Northstar Ship Management Ltd., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement.
(e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Suprema Meats, Inc. Northstar Ship Management Ltd. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Suprema Meats, Inc.Northstar Ship Management Ltd.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Suprema Meats, Inc.Northstar Ship Management Ltd.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.
Appears in 1 contract
Sources: Settlement Agreement