In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 4453

STIPULATION RELATED TO SETTLEMENT WITH CONOCOPHILLIPS COMPANY ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, Plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to 23. 24 ("Spill Act"), that is allocated by the fact finder in this action to ConocoPhillips based on its percentage of relative fault.Plaintiffs further agree that in any trial of this action, the trier of fact shall determine ConocoPhillips's percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if ConocoPhillips had remained a non-settling defendant. Except Stipulation as is provided strictly in paragraph 1 limited to the above, this ConocoPhillips Settlement in this litigation and in no other way limits or reduces the liability of any responsible party. Conoco Phillips Co. (formerly known as Phillips Petroleum Co doing business as Phillips 66 CO. doing business as Phillips Chemical Co doing business as Phillips Oil Co other Conoco Inc other Tosco Corp.) terminated. (Signed by Judge Vernon S. Broderick on 5/23/2017) (rj)