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I remedy that non-compliance. 2 6.2. Remedies and Sanctions 3 The Court has the authority to enjoin any violation of this Consent Judgment. 4 On the People's Enforcement Motion,where Paragraph 3.4.c. applies,the specific 5 Suspended Penalty provided in that Paragraph shall control. On the People's Enforcement 6 Motion,where Paragraph 3.4.c. does not apply and where the Court determines that Flying J has 7 violated the Consent Judgment,the Court will impose civil penalties as provided by law, 8 including,but not limited to,Business and Professions Code sections 17206 and 17207;for each 9 violation. In imposing civil penalties, the Court shall exercise its discretion to determine what 10 amount,if any,is appropriate, consistent with the law, except where such discretion is expressly 11 limited by law_ The Court retains,in addition,its power to enforce the Consent Judgment 12 through contempt. 13 7. MATTERS COVERED BY THIS CONSENT JUDGMENT 14 7.1. This Consent Judgment is a final and binding resolution and settlement of all C15 claims,violations or causes of action alleged by the People in the Complaint, and of all claims, 16 violations or causes of action related to the California Facilities which could have been asserted 17 by the People based on the facts that are the subject of the Complaint,against Flying J, its 18 employees,and its successors,heirs and assigns. The matters described in the previous sentence 19 are"Covered Matters." The Parties reserve the right to pursue any claim that is not a Covered 20 Matter("Reserved Claim")and to defend against any Reserved Claim. Claims,violations or 21 causes of action against Flying J's independent contractors or subcontractors, if any,are not 22 resolved by this Consent Judgment,except for acts alleged in the Complaint that were performed 23 at Flying J's express direction. 24 7.2. Any claims,violations or causes of action that are not based on facts alleged in 25 the Complaint, including,but not limited to,any violations that do not relate to the California 26 Facilities,or occurred after August 21,2008,are not resolved,settled or covered by this Consent 27 Judgment. 28 7.3. Notwithstanding any other provision of the Consent Judgment,any claims or CONSENT JUDGMENT 15