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y A I facilities in California, including but not limited to its Covered Facilities; and(2)claims or causes of 2 action relating to KMART's disposal of hazardous wastes,hazardous materials or hazardous 3 substances that are unknown to the People. Such matters are Reserved Claims. 4 6.4 In any subsequent action that may be brought by the People based on any Reserved 5 Claim, KMART agrees that it will not assert that failing to pursue the Reserved Claims as part of this 6 action constitutes claim-splitting, laches or is otherwise inequitable because such claims should have 7 been brought as part of this action. This paragraph does not prohibit KMART from asserting any 8 statute of limitations or other legal or equitable defenses that may be applicable to any Reserved 9 Claims. 10 6.5 In the event that litigation is filed by an entity that is not a party to this action against 11 KMART arising out of or related to a Covered Matter,KMART may within 30 days following 12 service of such litigation upon KMART notify the People of such litigation. Upon such timely 13 notice, the People will appear in person or in writing(at the People's discretion) in such subsequent 14 litigation to explain the effect of this Final Judgment on such litigation. If the People determine that 15 the subsequent litigation is barred by the principles in this paragraph,the People will support 16 KMART in arguing that the subsequent litigation is barred by the principle of res judicata. 17 6.6 The provisions of paragraph 6.1 are effective upon full payment by KMART of the 18 sums required pursuant to this Final Judgment. The continuing effect of paragraph 6.1 is expressly 19 conditioned on KMART's full payment of the amounts due under this Final Judgment. 20 6.7 Paragraph 6.1 does not limit the ability of the People to enforce the terms of the Final 21 Judgment. 22 6.8 KMART covenants not to pursue any civil or administrative claims against the People 23 or against any agencies of the State of California, any counties in the State of California or any 24 CUPA, Participating Agency or Local Agency, or against their officers, employees,representatives, 25 agents or attorneys arising out of or related to any Covered Matter. 26 7. NOTICE 27 All submissions and notices required by this Final Judgment shall be sent to: 28 For the People: 10 sF-2679421 STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT