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200005855 however, that nothing herein shall be construed to release, waive, or otherwise modify claims the IHS Debtors or the SNH Entities may have against each other relating to transactions or occurrences to be consummated under the Settlement Agreement, which are fully preserved. 21. The consideration provided by the SNH Entities for the Transferred Assets pursuant to the Settlement Agreement shall be deemed to constitute reasonably equivalent value and fair consideration under the Code or under the laws of the United States, any state, territory, possession or the District of Columbia. 22: The Asset Transfers are fair and reasonable and may not be avoided under §363(n) of the Bankruptcy Code. 23. Nothing in this Order or the Settlement Agreement shall be construed as releasing or relieving any entity from any environmental liability to a government entity as the owner or operator of property that that entity owns or operates after the date of entry of this Order. 24. The failure specifically to include any particular provision of the Settlement Agreement in this Order shall not diminish or impair the effectiveness of such provision, it being the intent of the Court that the Settlement Agreement be authorized and approved in its entirety. 25. The U.S. Stipulation is hereby approved and the IHS Debtors are authorized to perform under, consummate and implement the U.S. Stipulation in accordance with its terms. -16- 632699 1, 07/06/00