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seeking to compel such nonpaying Respondent to reimburse EPA for a higher share of response costs than such Respondent is paying under this Consent Order. 33 . If information not known to EPA as of the effective date of this Consent Order is discovered which indicates that the volume of waste oil contributed to the Site by any Respondent or the City exceeds 10,000 gallons, or which indicates that the hazardous substances contributed by any Respondent or the City are of such greater toxic or other hazardous effects compared to the other hazardous substances at the Site, EPA, in its discretion, may determine that the Respondent or the City, respectively, is no longer eligible for this settlement, and, by written notice to such ineligible party, may void this Consent Order as between EPA and such ineligible party. In such case, notwithstanding any other provision in this Consent Order, the United States, including EPA, reserves, and this Consent Order is without prejudice to, the right to institute judicial or administrative proceedings, including an administrative order, against any Respondent or the City seeking to compel that Respondent or the City to perform response actions relating to the Site, and/or to reimburse the United States for additional response costs at the Site. XII. COVENANTS BY THE CITY AND RESPONDENTS 34. The City and Respondents covenant not to sue and agree not to assert any claims , demands, or causes of action against the United States, or its contractors or employees relating in any way to the Site or this Consent Order, including, but not limited to : a. any direct or indirect claim for reimbursement from the EPA Hazardous Substance Superfund based on Sections 106(b)(2), 107, 111 , 112, or 113 of CERCLA, 42 U.S .C. § § 9606(b)(2)9 96079 9611 , 9612, or 9613 , or any other provision of law ; be any claim arising out of response activities at the Site; and ce any claim against the United States pursuant to Sections 107 , 113 or 123 of CERCLA, 42 U.S .C . § § 9607, 9613 , or 9623 relating to the Site. 35 . The City covenants not to sue and agrees not to assert any claims, demands , or causes of action pursuant to Sections 107 and/or 113 of CERCLA, 42 U. S . C . § § 9607 and 9613 , relating to the Site, against any Respondent who complies with the payment terms of this Consent Order. 36. Respondents agree not to assert any claims or causes of action (including claims for contribution under CERCLA) that they may have for all matters relating to the Site against each other or any other person who is a potentially responsible party under CERCLA at the Site. This waiver shall not apply with respect to any defense, claim, or 12