STIPULATION AND ORDER RE SUBMISSION OF EVIDENCE OF AMERIPRIDE'S ADDITIONAL RESPONSE COSTS

MORRISON C. ENGLAND, Jr., District Judge.

Defendant TEXAS EASTERN OVERSEAS, INC. ("TEO") and Plaintiff AMERIPRIDE SERVICES INC. ("AmeriPride"), by and through their respective counsel, stipulate as follows:

STIPULATION

1. On October 19, 2016, the Court concluded a three-day bench trial in this matter.

2. On October 19, 2016, the Court also entered a Stipulation and Order re AmeriPride's Additional Response Costs ("October 19, 2016 Order"), ECF No. 1105, to allow AmeriPride to present TEO with proof of additional investigation, remediation and regulatory oversight costs which AmeriPride incurred after the latest time when AmeriPride was able to receive an invoice for such costs and obtain proof that the invoice had been paid in time for entry of such proof as evidence at the trial.

3. The October 19, 2016 Order provides that any additional response costs for which TEO accepts AmeriPride's proof shall be included in the Court's calculation of the response costs directly incurred by AmeriPride and recoverable under Section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9607(a)(4)(B). ECF No. 1105 at 3-4, ¶¶ 1-2.

4. TEO accepts AmeriPride's proof that it has directly incurred $131,175.44 in additional investigation, remediation and regulatory oversight costs through January 2017. These costs are identified on Exhibit 1 to this stipulation.

5. For the purposes of this action only, the costs described in Paragraph 4 are recoverable under CERCLA Section 107(a)(4)(B), 42 U.S.C. § 9607(a)(4)(B).

6. There are investigation, cleanup and oversight costs for which AmeriPride seeks recovery that are not included in this stipulation. AmeriPride reserves all of its rights in connection with such costs. TEO reserves all of its rights to object to such costs.

ORDER

Pursuant to the parties' stipulation above, the Court recognizes that TEO accepts AmeriPride's proof that it has directly incurred $131,175.44 in additional investigation, remediation and regulatory oversight costs through January 2017. Pursuant to this Court's October 19, 2016 Order, such costs shall be included in the Court's calculation of the response costs directly incurred by AmeriPride and recoverable under Section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9607(a)(4)(B). ECF No. 1105.

IT IS SO ORDERED.