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d. Notwithstanding any other provision of this Settlement, EPA <br /> retains all authority and reserves all rights to take any and all response actions authorized by law. <br /> XX. COVENANTS BY PURCHASER <br /> 80. Purchaser covenants not to sue and agrees not to assert any claims or causes of <br /> action against the Respondent or the United States, or its contractors or employees, with respect <br /> to the Work, Future Response Costs and this Settlement, including, but not limited to: <br /> a. any direct or indirect claim for reimbursement from the EPA <br /> Hazardous Substance Superfund through Sections 106(b)(2), 107, 111, 112, or 113 of CERCLA, <br /> 42 U.S.C. §§ 9606(b)(2), 9607, 9611, 9612 or 9613, or any other provision of law; <br /> b. any claims under Sections 107 and 113 of CERCLA, Section <br /> 7002(a) of RCRA, 42 U.S.C. § 6972(a), or state law regarding the Work, Future Response Costs <br /> and this Settlement; <br /> c. any claim arising out of response actions at or in connection with <br /> the Site, including any claim under the United States Constitution, the Colorado Constitution, the <br /> Tucker Act, 28 U.S.C. § 1491, the Equal Access to Justice Act, 28 U.S.C. § 2412, or at common <br /> law; or <br /> d. any direct or indirect claim for return of unused amounts from the <br /> Camp Bird Mine Special Account. <br /> 81. These covenants not to sue shall not apply in the event the United States brings a <br /> cause of action or issues an order pursuant to any of the reservations set forth in Section XIX <br /> (Reservations of Rights by EPA), other than in Paragraph 78.a(Liability for Failure to Meet a <br /> Requirement of the Settlement), 78.d(Criminal Liability), or 78.e (Violations of Federal/State <br /> Law During or After Implementation of the Work), but only to the extent that Purchaser's claims <br /> arise from the same response action,response costs or damages that the United States is seeking <br /> pursuant to the applicable reservation. <br /> 82. Nothing in this Settlement shall be deemed to constitute approval or <br /> preauthorization of a claim within the meaning of Section 111 of CERCLA, 42 U.S.C. § 9611, or <br /> 40 C.F.R. Part 300.700(d). <br /> 83. Purchaser reserves, and this Settlement is without prejudice to, claims against the <br /> United States, subject to the provisions of Chapter 171 of Title 28 of the United States Code, and <br /> brought pursuant to any statute other than CERCLA or RCRA and for which the waiver of <br /> sovereign immunity is found in a statute other than CERCLA or RCRA, for money damages for <br /> injury or loss of property or personal injury or death caused by the negligent or wrongful act or <br /> omission of any employee of the United States, as that term is defined in 28 U.S.C. § 2671, while <br /> acting within the scope of his or her office or employment under circumstances where the United <br /> States, if a private person, would be liable to the claimant in accordance with the law of the place <br /> where the act or omission occurred. However, the foregoing shall not include any claim based on <br /> EPA's selection of response actions, or the oversight or approval of Purchaser's deliverables or <br /> 26 <br />