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4 <br /> i <br /> 1 "Covered Facilities"means the KMART retail facilities in the State of California listed on <br /> 2 Exhibit A attached hereto and incorporated by reference. <br /> 3 "Future Facilities"means any retail facilities that KMART may, after the entry of the Final <br /> 4 Judgment, open in California in addition to the Covered Facilities. <br /> 5 2. JURISDICTION <br /> 6 The Parties stipulate and agree that the Superior Court of California, County of Ventura,has <br /> 7 subject matter jurisdiction over the matters alleged in this action and personal jurisdiction over the <br /> 8 Parties to this Final Judgment. <br /> 9 3. PAYMENTS FOR PENALTIES,ENVIRONMENTAL PROTECTION <br /> 10 ENFORCEMENT AND OTHER PROJECTS <br /> 11 KMART shall pay civil penalties,cypres.restitution, fund the supplemental environmental <br /> 12 projects provided for in this Final Judgment and pay costs in the total amount of EIGHT MILLION <br /> 13 SIX HUNDRED AND FIFTY THOUSAND DOLLARS ($8,650,000.00). All payments set forth in <br /> 14 paragraphs 3.La, 3.Lb., 3.2.a, and 3.3 below shall be delivered to the Ventura County District <br /> 15 Attorney at the address set forth in paragraph 7,below, or by wire transfer, and shall be allocated and <br /> 16 distributed as set forth in paragraphs 3.1 through 3.5 below. <br /> 17 3.1 Civil Penalties <br /> 18 3.1.a. On or before the date of approval by the Court of this Final Judgment, <br /> 19 KMART shall pay TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS ($2,800,000.00) <br /> 20 as civil penalties pursuant to section 17206 of the Business and Professions Code, and SIX <br /> 21 HUNDRED THOUSAND DOLLARS ($600,000.00)as civil penalties pursuant to section 25515.2 <br /> 22 of the Health and Safety Code,to the prosecuting agencies/regulatory agencies identified in, and in <br /> 23 accordance with the terms of, Exhibit B, attached hereto and incorporated by reference. <br /> 24 3.Lb. Additionally, KMART shall pay ONE MILLION SIX HUNDRED <br /> 25 THOUSAND DOLLARS ($1,600,000.00) as civil penalties to the prosecuting agencies pursuant to <br /> 26 section 17206 of the Business and Professions Code. However,payment of the entire ONE <br /> 27 MILLION SIX HUNDRED THOUSAND DOLLARS ($1,600,000.00) of civil penalties set forth in <br /> 28 this paragraph 3.Lb., shall be stayed("Stayed Penalty") for a period of five(5)years from the date <br /> 3 <br /> sF-2679421 <br /> STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT <br />