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1 • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 0 agency, and shall be delivered to the San Joaquin County Office of the District Attorney, Environmental Prosecutions Unit, on or before SEPTEMBER 15, 2009. 10. Defendant shall additionally pay to Plaintiff the sum of ELEVEN THOUSAND THIRTY- SIX DOLLARS ($11,036.00) as partial recovery of the cost of investigation and suit incurred by the San Joaquin County Office of the District Attorney. Said payment shall be due and navable to the aforementioned agency, and shall be delivered to the San Joaquin County Office of the District Attorney, Environmental Prosecutions Unit, as follows: $1,036.00 On or before SEPTEMBER 15,2009 $10,000.00 On or before SEPTEMBER 15, 2011 11. Defendant shall be penalized, as and for civil penalties, pursuant to Business and Professions Code sections 17200 et seq., in addition to those civil penalties set forth in paragraphs 6 and 7, SIXTY-FIVE THOUSAND DOLLARS ($65,000.00). However, it is stipulated by all parties that the entire additional SIXTY-FIVE THOUSAND DOLLARS ($65,000.00), in civil penalties shall be stayed for a period of FIVE (5) years on the following conditions: a. Defendants will not violate Health and Safety Code sections 25100 et seq., as described in paragraph 3 - 3y above; b. Defendants will not violate Health and Safety Code sections 25000 et seq., as described in paragraph 4 - 4a above. c. Defendants will not violate or engage in any of the unlawful acts of unfair competition as set forth in the First and Second Causes of Action of the complaint filed in this action, as well as any other violations of the Business and Professions Code sections 17200 et seq., including but not limited to Health and Safety Code sections 25100 et seq., and 25000 et seq.. 12. The SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) in civil penalties, described in 7 PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION