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cause of action that a Respondent may have against any person if such person asserts or
<br /> has asserted a claim or cause of action relating to the Site against such Respondent.
<br /> 37 . Nothing in this Consent Order shall be deemed to constitute preauthorization or approval
<br /> of a claim within the meaning of Section 111 of CERCLA, 42 U . S . C . § 9611 , or 40
<br /> C.F.R. 300.700(d).
<br /> XIII. EFFECT OF SETTLEMENT/CONTRIBUTION PROTECTION
<br /> 38 . Nothing in this Consent Order shall be construed to create any rights in, or grant any
<br /> cause of action to, any person not a Party to this Consent Order. The United States, the
<br /> City, and Respondents each reserve any and all rights (including, but not limited to, any
<br /> right to contribution) , defenses, claims , demands, and causes of action which they may
<br /> have with respect to any matter, transaction, or occurrence relating in any way to the Site
<br /> against any person not a Party hereto, except as otherwise provided in Section XII of this
<br /> Consent Order.
<br /> 39 . In any subsequent administrative or judicial proceeding initiated by the United States for
<br /> injunctive relief, recovery of response costs, or other relief relating to the Site, the City
<br /> and the Respondents shall not assert, and may not maintain, any defense or claim based
<br /> upon the principles of waiver, res Judicata, collateral estoppel, issue preclusion, claim-
<br /> splitting, or other defenses based upon any contention that the claims raised in the
<br /> subsequent proceeding were or should have been brought in the instant action; provided,
<br /> however, that nothing in this Paragraph affects the enforceability of the covenant not to
<br /> sue included in Section X.
<br /> 40. The Parties agree that each Respondent is entitled, as of the date of such Respondent' s
<br /> compliance with the payment terms of this Consent Order, to protection from
<br /> contribution actions or claims as provided by Sections 113 (f)(2) and 122(g)(5) of
<br /> CERCLA, 42 U . S .C. § § 9613 (f)(2) and 9622(g)(5 ) , for "Matters Addressed" in this
<br /> Consent Order. The "Matters Addressed" in this Consent Order are all response actions
<br /> taken or to be taken, by the United States, the City, other government entities and private
<br /> parties, and all response costs incurred and to be incurred by the United States, the City,
<br /> other government entities, and private parties, at or in connection with the Site.
<br /> 41 , The Parties agree that the City is entitled, as of the effective date of this Consent Order, to
<br /> protection from contribution actions or claims as provided by Sections 113 (f)(2) and
<br /> 122(h)(4) of CERCLA, 42 U . S .C . § § 9613 (f)(2) and 9622(h)(4), for "Matters Addressed"
<br /> in this Consent Order. The "Matters Addressed" in this Consent Order are all response
<br /> actions taken or to be taken, by the United States , the City, other government entities and
<br /> private parties , and all response costs incurred and to be incurred by the United States, the
<br /> City, other government entities, and private parties, at or in connection with the Site.
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