THE MILLTOWN CD, NOR DOES THE TERM INCLUDE ANY COSTS FOR WHICH
THERE IS NOT COVERAGE UNDER THE RESIDUAL LIABILITY PROVISIONS OF AN
INSURANCE-BASED SETTLEMENT WHERE COVERAGE FOR SUCH LIABILITY IS NOT AVAILABLE
AND THE LACK OF AVAILABILITY IS DUE PRIMARILY TO NOR'S CONDUCT.
O.
"MILLTOWN CD EFFECTIVE DATE" MEANS 60 DAYS
FROM THE DATE THAT THE DISTRICT COURT FOR THE DISTRICT OF MONTANA ENTERS THE
MILLTOWN CONSENT DECREE, UNLESS AN APPEAL OF THE ENTRY AND JUDGMENT IS FILED
DURING THE 60-DAY PERIOD; IF AN APPEAL IS TAKEN, THE "MILLTOWN CD EFFECTIVE
DATE" MEANS THE DATE ON WHICH THE DISTRICT COURT'S JUDGMENT IS AFFIRMED, WITH NO
RIGHT OF FURTHER APPEAL.
P.
"MILLTOWN CONSENT DECREE" AND "MILLTOWN
CD" MEANS A CONSENT DECREE CONCERNING THE MILLTOWN SITE RD/RA AND RELATED
ISSUES, INCLUDING CLAIMS AGAINST NOR FOR NATURAL RESOURCE DAMAGES ("NRD"),
ENTERED IN THE MATTER OF THE UNITED STATES V. ATLANTIC RICHFIELD CO., CIVIL
ACTION NO. CV-89-039-BU-SEH (D. MONT.), AMONG THE UNITED STATES, THE STATE, THE
TRIBES, AR, AND NOR.
Q.
"MILLTOWN FUTURE RESPONSE COSTS" MEANS ALL
COSTS, OTHER THAN MILLTOWN PROJECT COSTS, PAID OR INCURRED BY AR, NOR, EPA AND
DEQ ON OR AFTER AUGUST 1, 2002, RELATED TO MILLTOWN SITE RESPONSE ACTIONS PRIOR
TO ISSUANCE
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OF THE MILLTOWN ROD, ALL RESPONSE COSTS INCURRED AT OR IN CONNECTION WITH THE
MILLTOWN SITE BY EPA AND DEQ BEFORE THE MILLTOWN CD EFFECTIVE DATE BUT PAID
AFTER SUCH EFFECTIVE DATE, AND ALL COSTS INCURRED IN THE PERFORMANCE OF MILLTOWN
SITE RD/RA, INCLUDING WETLAND MITIGATION REQUIRED BY THE MILLTOWN ROD.
R.
"MILLTOWN SITE" MEANS THE WATER SUPPLY
OPERABLE UNIT AND THE MILLTOWN RESERVOIR SEDIMENTS OPERABLE UNIT OF THE MILLTOWN
RESERVOIR/CLARK FORK RIVER NATIONAL PRIORITIES LIST SITE, AND ANY OTHER
GEOGRAPHIC AREA WHERE MILLTOWN SITE RD/RA IS REQUIRED.
S.
"MILLTOWN PAST RESPONSE COSTS" MEANS ALL
COSTS INCURRED BY AR, NOR, EPA AND DEQ BEFORE AUGUST 1, 2002, TO CONDUCT
RESPONSE ACTIONS AT THE MILLTOWN SITE.
T.
"MILLTOWN POLICY" MEANS THE INSURANCE
POLICY ISSUED BY AIG RELATED TO THE MILLTOWN SITE, ATTACHED HERETO AS ATTACHMENT
B TO THIS AGREEMENT.
U.
"MILLTOWN PROJECT" AND "PROJECT" MEANS THE
HYDROELECTRIC GENERATING DAM AND ASSOCIATED FACILITIES AND APPURTENANT REAL AND
PERSONAL PROPERTY LICENSED BY FERC UNDER LICENSE NO. 2543 LOCATED AT THE
CONFLUENCE OF THE CLARK FORK RIVER AND THE BLACKFOOT RIVER NEAR MILLTOWN,
MONTANA.
V.
"MILLTOWN PROJECT COSTS" MEANS ALL COSTS,
INCLUDING ANY COSTS OF FINANCIAL ASSURANCE, ASSOCIATED WITH ANY ACTIVITY
REQUIRED BY FEDERAL, STATE OR LOCAL LAW RELATING TO ADMINISTRATION, OPERATION
AND MAINTENANCE OF THE MILLTOWN PROJECT, AND APPURTENANT REAL AND PERSONAL
PROPERTY PRESENTLY OWNED AND OPERATED BY NOR, EXCEPT ACTIVITIES LISTED ON
ATTACHMENT A HERETO.
W.
"MILLTOWN RECORD OF DECISION" AND "MILLTOWN
ROD" MEANS THE RECORD OF DECISION TO BE ISSUED BY EPA, IN WHICH THE FINAL
REMEDIAL ACTION FOR THE MILLTOWN SITE WILL BE SET FORTH, AND ALL ATTACHMENTS,
EXPLANATIONS OF SIGNIFICANT DIFFERENCES, AND AMENDMENTS THERETO.
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X.
"MILLTOWN SITE RD/RA" MEANS THE REMEDIAL
DESIGN AND REMEDIAL ACTION REQUIRED BY THE MILLTOWN ROD AND