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<br />- 3 - <br />this Consent Decree in good faith to avoid expensive and <br />protracted litigation and to settle the claims raised by the <br />United States and the State. <br />NOW, THEREFORE, before the taking of any testimony, before <br />adjudication of the merits of the case, and with the consent of <br />the Parties, it is ORDERED and DECREED as follows: <br />I. JIIRISDICTION AND VENIIE <br />1. This Court has jurisdiction over the subject matter of <br />this Complaint and Cross Complaint, and over the Parties, <br />pursuant to 28 U.S.C. §§ 1331, 1345, and 1355, and Sections <br />309(b) and 505 of the Act, 33 U.S.C. §§ 1319(b) and 1365. The <br />State's claims are also properly before the Court under the <br />Court's pendent jurisdiction. The Complaint states claims <br />against North Olmsted upon which relief can be granted pursuant <br />to Sections 309(b) and 505 of the Act, 33 U.S.C. §§ 1319(b) and <br />1365. The Cross Complaint states claims against North Olmsted <br />upon which relief can be granted pursuant to the Ohio Revised <br />Code Sections 6111.07 and 6111.09. Venue lies in this District <br />pursuant to Sections 309(b) and 505 of the Act, 33 U.S.C. §§ <br />1319(b) and 1365, and under 28 U.S.C. S§ 1391(b) and 1395. <br />II. APPLICABILITY <br />2. Each representative of a party to this Consent Decree <br />certifies that he or she is fully authorized by the party whom he <br />or she represents to enter into the terms and conditions of this <br />Decree. <br />