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Local Governmental Plaintiffs contend that CLI has created a public nuisance related to <br /> the disposal of MGP Source Material at the Facility. <br /> D. Consolidation <br /> On the same date as entry of this Consent Order, the case involving the Local <br /> Governmental Plaintiffs' Complaint was consolidated into the case involving the State's <br /> Complaint by the Court, on the Agreed Motion to Consolidate filed by the Parties to the Consent <br /> Order. <br /> E. Non-Admission of Violations <br /> CLI represents that it has entered into this Consent Order for the purpose of settling and <br /> compromising disputed claims without having to incur the expense of contested litigation. By <br /> entering into this Consent Order and complying with its terms, CLI does not affirmatively admit <br /> the allegations of violation within the Complaints and referenced above, and this Consent Order <br /> shall not be interpreted as including such admission. <br /> IL APPLICABILITY <br /> A. This Consent Order shall apply to and be binding upon the Parties to the Consent <br /> Order and shall constitute a covenant running with the real property that is the site of Clinton <br /> Landfi113 (see Exhibit A) and thereby apply to and be binding upon all successors in ownership <br /> or interest to said real property. The Parties to this Consent Order agree that it shall be filed for <br /> record in the office of the DeWitt County Clerk and Recorder. CLI waives as a defense to any <br /> enforcement action taken pursuant to this Consent Order the failure of any of its officers, <br /> directors, agents, employees or successors or assigns to take such action as shall be required to <br /> comply with the provisions of this Consent Order. <br /> 6 <br />