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activities. Purchaser reserves, and this Settlement is without prejudice to,the Purchaser's right to <br /> assert bona fide prospective purchaser status in any other proceeding with respect to performance <br /> of response actions other than the Work or any payment of response costs other than pursuant to <br /> this Settlement. <br /> XXI. OTHER CLAIMS <br /> 84. By issuance of this Settlement, the United States and EPA assume no liability for <br /> injuries or damages to persons or property resulting from any acts or omissions of Purchaser. The <br /> United States or EPA shall not be deemed a party to any contract entered into by Purchaser or its <br /> directors, officers, employees, agents, successors,representatives, assigns, contractors or <br /> consultants in carrying out actions pursuant to this Settlement. <br /> 85. Except as expressly provided in Section XVIII (Covenants by EPA), nothing in <br /> this Settlement constitutes a satisfaction of or release from any claim or cause of action against <br /> Purchaser or any person not a party to this Settlement, for any liability such person may have <br /> under CERCLA, other statutes, or common law, including but not limited to any claims of the <br /> United States for costs, damages and interest under Sections 106 and 107 of CERCLA, 42 U.S.C. <br /> §§ 9606 and 9607. <br /> 86. No action or decision by EPA pursuant to this Settlement shall give rise to any <br /> right to judicial review, except as set forth in Section 113(h) of CERCLA, 42 U.S.C. § 9613(h). <br /> XXII. EFFECT OF SETTLEMENT/CONTRIBUTION <br /> 87. Nothing in this Settlement shall be construed to create any rights in, or grant any <br /> cause of action to, any person not a Party to this Settlement. Except as provided in Section XX <br /> (Covenants by Purchaser), each of the Parties expressly reserves any and all rights (including, <br /> but not limited to,pursuant to Section 113 of CERCLA, 42 U.S.C. § 9613), defenses, claims, <br /> demands and causes of action which each Party may have with respect to any matter,transaction <br /> or occurrence relating in any way to the Site against any person not a Party hereto. Nothing in <br /> this Settlement diminishes the right of the United States,pursuant to Section 113(0(2) and(3) of <br /> CERCLA, 42 U.S.C. § 9613(0(2)-(3), to pursue any such persons to obtain additional response <br /> costs or response action and to enter into settlements that give rise to contribution protection <br /> pursuant to Section 113(0(2). <br /> 88. EPA and Purchaser agree that this Settlement constitutes an administrative <br /> settlement pursuant to which Purchaser has, as of the Effective Date,resolved liability to the <br /> United States within the meaning of Sections 113(0(2) and 122(h)(4) of CERCLA,42 U.S.C. §§ <br /> 9613(0(2) and 9622(h)(4), and is entitled, as of the Effective Date, to protection from <br /> contribution actions or claims as provided by Sections 113(0(2) and 122(h)(4) of CERCLA, or <br /> as may be otherwise provided by law, for the "matters addressed" in this Settlement. The <br /> "matters addressed" in this Settlement are Phase 1 Work,the Phase 2 Work unless Purchaser <br /> successfully elects to conduct such work under the DRMS permit, and Future Response Costs. <br /> 27 <br />