205-18 Exhibit to Resolution Authorizing Administrative Consent Order.pdf

all times for the purpose of determining compliance with this ACO. 32. Nothing in this ACO shall preclude the Department from taking enforcement action against Respondent for matters not set forth in the findings of this ACO. 33. No obligations or penalties imposed by this ACO are intended to constitute debt(s) which may be limited or discharged in a bankruptcy proceeding. All obligations and penalties are imposed pursuant to the police powers of the State of New Jersey for the enforcement of the law and the protection of public health, safety, welfare and the environment. 34. Respondent shall give written notice of this ACO to any successor in interest thirty (30) calendar days prior to transfer of ownership or control of the Former Selecto Flash Property which is the subject of this ACO and shall simultaneously notify the Department that such notice has been given. This requirement shall be in addition to any other statutory or regulatory requirements arising from the transfer of ownership or control of the Former Selecto Flash Property. In addition, the parties agree that any contract, lease, deed or any other agreement that Respondent enters into to convey any permit, approval, property, or operational control of same that is the subject of this ACO shall include a provision which states that the successor, assignee, tenant or purchaser has agreed to assume the obligations imposed by this ACO. 35. The Department reserves all statutory and common law rights to require Respondent to take additional action(s) if the Department determines that such actions are necessary to protect public health, safety, welfare and the environment. Nothing in this ACO shall constitute a waiver of any statutory or common law right of the Department to require such additional measures should the Department determine that such measures are necessary. 36. This ACO shall be governed and interpreted under the laws of the State of New Jersey. 37. If any provision of this ACO is found invalid or unenforceable, the remainder of this ACO shall not be affected thereby and each provision shall be valid and enforced to the fullest extent permitted by law. The Department does, however, retain the right to terminate the remainder of this ACO if, after such finding, it determines that the remaining ACO

orced to the fullest extent permitted by law. The Department does, however, retain the right to terminate the remainder of this ACO if, after such finding, it determines that the remaining ACO does not serve the purpose for which it was intended. 38. This ACO represents the complete and integrated agreement of, and shall be binding upon, and/or inure to the benefit of, the State of New Jersey, the Department, and their divisions, agencies, and respective successors, and Respondent and their respective responsible corporate officials, agents, successors, assignees, and any trustee in bankruptcy or receiver appointed pursuant to a proceeding in law or equity. 39. The Department reserves the right to unilaterally terminate this ACO in the event Respondent violates its terms and to take any additional enforcement action it deems necessary. 40. This ACO shall terminate upon receipt by Respondent of written notice from the Department that all the requirements of this ACO have been satisfied.