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1 19. COUNTERPART SIGNATURES 2 This Final Judgment may be executed by the Parties in counterpart. 3 20. ENTRY AFTER NOTICED MOTION 4 The Parties seek approval of this Final Judgment on noticed motion and have requested that 5 the Court make a determination that the Final Judgment is fair and in the public interest. 6 21. INTEGRATION 7 This Final Judgment constitutes the entire agreement between the Parties and may not be 8 amended or supplemented except as provided for in the Final Judgment. No oral representations 9 have been made or relied upon other than as expressly set forth herein. 10 22. MODIFICATION OF FINAL JUDGMENT 11 This Final Judgment may be modified only on noticed motion by a Party with approval of 12 the Court, or upon written consent of the Parties and the approval of the Court. 13 23. STATUS REPORTS 14 Beginning one year after entry of this Final Judgment and annually thereafter each year that 15 the injunction remains in effect, KMART shall file a status report for each year. The status report 16 shall briefly summarize the actions that KMART has taken during the previous year in order to 17 comply with its obligations under this Final Judgment, and shall set forth any penalties KMART has 18 paid to any governmental agency for noncompliance. Each status report shall be signed by 19 KMART's President,Vice-President, or other officer authorized to bind KMART,under penalty of 20 perjury. Each certification shall read as follows: 21 "To the best of my knowledge,based on information and belief and after reasonable 22 investigation, I certify that the information contained in or accompanying this submission is true, 23 accurate, and complete. I am aware that there are civil and criminal penalties for submitting false 24 information." 25 24. INCORPORATION OF EXHIBITS 26 Each of the Exhibits is incorporated herein by reference. 27 28 14 sF-2679421 STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT