The purpose of this Agreement and Covenant not to Sue the State of Montana is to settle and resolve, subject to reservations and limitations, any potential liability of the settling Respondent for the existing contamination which could otherwise result from the Settling Respondent acquiring the property. The current owners of the property have declared bankruptcy and a liquidation under Chapter 7 is currently being completed by the bankruptcy trustee. The parties seek to have the State of Montana take title to the property from the bankruptcy estates.