This Agreement and Covenant Not to Sue is entered into by CAMJAC and the State of Montana, the Settling Respondent. CAMJAC has agreed to transfer the Site to the State of Montana. In consideration of, and in exchange for, the US Covenant Not to Sue, the State of Montana agrees to acquire the Site, at no cost to the US, and agrees to implement the cleanup activities and the institutional controls for the site upon its acquisition of the site.