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I reference. Each agency identified in Exhibit B must submit to People's representatives,as 2 identified in Paragraph 8,a declaration by an authorized representative of that agency stating that 3 the funds deposited into the special account pursuant to this Consent Judgment shall be expended 4 only to fund authorized activities,as described in Exhibit B. The declaration shall follow the 5 format outlined in Exhibit C,incorporated by reference. 6 3.2. Credit 7 Against FIying J's total liability of$5,450,000,Flying J shall be credited$1,000,000 for 8 various actions that Flying J voluntarily has taken related to its UST systems that are above and 9 beyond that required by law. 10 3.3. Reimbursement of Costs of Investigation and Enforcement 11 Flying J shall pay$250,000 for reimbursement of attorneys fees,costs of investigation 12 and other costs of enforcement to the agencies identified,and in accordance with the terms, in 13 Exhibit D,incorporated by reference. ( 14 3.4. Suspended Penalty 15 3.4.a. Of Flying J's total liability of$5,450,000,$1,000,000,shall be suspended, 16 as set forth below 17 3.4.b. If the People determine that Flying J has violated one or more of the 18 provisions for which Suspended Penalties may be assessed pursuant to this Consent Judgment, 19 the People may file a noticed motion as set forth in Paragraph 6.1 requesting that the Court 20 impose Suspended Penalties. Flying J retains the right to oppose the motion,including its right 21 to contend that it is not responsible for the Suspended Penalty Action due to a Force Majeure as 22 defined in Paragraph 5.1 Asset forth in Paragraph 6.1.,at least ten(10)days before filing a 23 motion seeking a Suspended Penalty, the People must meet and confer in good faith with Flying 24 J to attempt to resolve the matter without judicial intervention. 25 3.4.c. If the Court finds that Flying J has engaged'in a Suspended Penalty Action 26 on one or more occasions,for each violation,it shall require Flying J to pay a Suspended Penalty 27 of$100,000. In determining whether to assess a Suspended Penalty,the Court will consider the 28 circumstances surrounding the alleged violation. The Court shall have no discretion to reduce or CONSENT JUDGMENT 4