This agreement is entered into pursuant to the authority vested in the Administrator of the U.S. Environmental Protection Agency by Section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, which authority has been delegated to the Regional Administrators of the EPA by EPA Delegation No. 14-14-D and redelegated to the Superfund Branch Chiefs pursuant to Regional Delegation 1290.20. This agreement is made and entered into by EPA and S&W Atlas Iron and Metal Co., Inc. and 10019 S. Alameda LLC. The Settling Parties consent to and will not contest EPA's authority to enter into this agreement or to implement or enforce its terms.