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1 7. MATTERS COVERED BY THIS CONSENT JUDGMENT. <br /> 2 7.1 Except as provided in Paragraph 7,this Consent Judgment is a final and binding <br /> 3 resolution and settlement of all claims, violations or causes of action alleged by the Complaint <br /> 4 in this matter or which could have been asserted up until January 26, 2007, according to statute <br /> 5 by or through the People of the State of California, based on the specific facts alleged in the <br /> 6 Complaint against Settling Defendant, its subsidiaries and corporate parents, and each of their <br /> 7 affiliates and parents, successors,heirs, assigns, and their respective officers, directors, partners, <br /> 8 employees, representatives, agents, property owners, tank owners, franchisees, and facility <br /> 9 operators at the Covered Facilities ("Entities Covered by Settlement"). <br /> 10 7.2 Any violations of law, statute, regulation or ordinance, if any, by Settling <br /> 11 Defendant which are based on facts not expressly alleged by the Complaint or addressed as a <br /> 12 Covered Matter, or which occur or exist after January 26, 2007, are not resolved, settled, or <br /> 13 covered by this Consent Judgment. <br /> 14 8. CONTINUING JURISDICTION. <br /> 15 In addition to all of the above mentioned requirements the Defendant shall meet the <br /> 16 following additional requirements for a period of five (5) years from the date of signing this <br /> 17 document: <br /> 18 a. On or before January 31, 2008, and each subsequent year on that anniversary <br /> 19 through 2012 Defendant shall file with the San Joaquin County District Attorney's Office and <br /> 20 the Attorney General's Office a declaration by a Corporate Officer certifying compliance with <br /> 21 Chapter 6.95 of the Health and Safety Code for the previous year. <br /> 22 b. Defendant shall maintain legible copies of each Hazardous Material <br /> 23 Management Plan and Employee Training Record for the years 2008 through 2012. These <br /> 24 records shall be kept for a minimum of three (3)years. <br /> 25 9. DURATION <br /> 26 If all conditions listed Paragraph 6 and 8 above are met, any Party may provide notice to <br /> 27 the Court (which shall be served on all Parties)that the permanent injunctive provisions of <br /> 28 Paragraph 6 and 8 of this Consent Judgment will expire and have no further force or effect <br /> 8 <br /> CONSENT JUDGMENT,ORDER FOR PERMANENT INJUNCTION AND CML PENALTIES <br />