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42 U.S.C. § 9607(c)(3),provided however,that EPA shall not seek civil penalties pursuant to <br /> Section 106(b) or Section 122(l) of CERCLA or punitive damages pursuant to Section 107(c)(3) <br /> of CERCLA for any violation for which a stipulated penalty is provided in this Settlement, <br /> except in the case of a willful violation of this Settlement or in the event that EPA assumes <br /> performance of a portion or all of the Work pursuant to Paragraph 79 (Work Takeover). <br /> 75. Notwithstanding any other provision of this Section, EPA may, in its <br /> unreviewable discretion, waive any portion of stipulated penalties that have accrued pursuant to <br /> this Settlement. <br /> XVIII. COVENANTS BY EPA <br /> 76. Except as provided in Section XIX(Reservations of Rights by EPA), EPA <br /> covenants not to sue or to take administrative action against Purchaser pursuant to Sections 106 <br /> and 107(a) of CERCLA, 42 U.S.C. §§ 9606 and 9607(a), for the Work and Future Response <br /> Costs;provided however if Purchaser successfully elects to conduct Phase 2 Work pursuant to a <br /> DRMS permit, EPA's covenant not to sue is limited to the Phase 1 Work. These covenants shall <br /> take effect upon the Effective Date. These covenants are conditioned upon the complete and <br /> satisfactory performance by Purchaser of its obligations under this Settlement. These covenants <br /> extend only to Purchaser and do not extend to any other person. Any Work that is successfully <br /> elected out of this Settlement pursuant to Paragraph 26.c and is performed under a DRMS permit <br /> is not subject to this covenant. <br /> XIX. RESERVATIONS OF RIGHTS BY EPA <br /> 77. Except as specifically provided in this Settlement,nothing in this Settlement shall <br /> limit the power and authority of EPA or the United States to take, direct or order all actions <br /> necessary to protect public health, welfare or the environment or to prevent, abate or minimize <br /> an actual or threatened release of hazardous substances, pollutants, or contaminants, or <br /> hazardous or solid waste on, at or from the Site. Further, nothing in this Settlement shall prevent <br /> EPA from seeking legal or equitable relief to enforce the terms of this Settlement, from taking <br /> other legal or equitable action as it deems appropriate and necessary, or from requiring Purchaser <br /> in the future to perform additional activities pursuant to CERCLA or any other applicable law. <br /> 78. The covenants set forth in Section XVIII (Covenants by EPA) do not pertain to <br /> any matters other than those expressly identified therein. EPA reserves, and this Settlement is <br /> without prejudice to, all rights against Purchaser with respect to all other matters, including, but <br /> not limited to: <br /> a. Liability for failure by Purchaser to meet a requirement of this <br /> Settlement; <br /> b. Liability for costs not included within the definition of Future <br /> Response Costs; <br /> c. Liability for performance of response action other than the Work; <br /> 24 <br />