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a a 1 9. LIABILITY OF THE PEOPLE 2 The People shall not be liable for any injury or damage to persons,or property resulting from 3 acts or omissions by KMART, its directors, officers, employees, agents,representatives or 4 contractors, in carrying out activities pursuant to this Final Judgment,nor shall the People be held as 5 a party to or guarantor of any contract entered into by KMART, its directors, officers, employees, 6 agents,representatives or contractors, in carrying out the requirements of this Final Judgment. 7 10. NO WAIVER OF RIGHT TO ENFORCE 8 The failure of the People to enforce any provision of this Final Judgment shall neither be 9 deemed a waiver of such provision nor in any way affect the validity of this Final Judgment. The 10 failure of the People to enforce any such provision shall not preclude it from later enforcing the same 11 or any other provision of this Final Judgment. No oral advice,guidance, suggestions or comments 12 by employees or officials of any Party regarding matters covered in this Final Judgment shall be 13 construed to relieve any Party of its obligations under this Final Judgment. 14 11. FUTURE REGULATORY CHANGES 15 Nothing in this Final Judgment shall excuse KMART from meeting any more stringent 16 requirements that may be imposed by applicable law or by any changes in the applicable law. 17 12. APPLICATION OF FINAL JUDGMENT 18 This Final Judgment shall apply to and be binding upon the People and upon KMART and its 19 successors and assigns. 20 13. AUTHORITY TO ENTER FINAL JUDGMENT 21 Each signatory to this Final Judgment certifies that he or she is fully authorized by the party 22 he or she represents to enter into this Final Judgment, to execute it on behalf of the party represented 23 and legally to bind that party. 24 14. TERMINATION OF INJUNCTION 25 At any time after this Final Judgment has been in effect for five (5)years, and KMART has 26 paid all amounts due hereunder, KMART may, with notice to plaintiff, file a motion requesting that 27 the Court order that the permanent injunctive provisions of Paragraphs 4.La through 4.1.t shall have 28 no prospective force or effect based on KMART's demonstrated history of compliance with the Final 12 sF-2679421 STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT