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0 0 1 'being approved by the Court,immediately file a Request for Dismissal of the entire complaint and all 2 causes of action alleged against all other named and Doe defendants with the exception of Setting 3 Defendant B& G Group, Inc.,a California corporation with prejudice. 4 16. If any provision or part of any provision of this Consent Agreement shall for any reason 5 be held to be invalid,unenforceable,or contrary to public policy or any law,then the remainder of 6 this Consent Agreement shall not be affected. 7 17, This Consent Agreement maybe modified or amended only by a writing signed by all the 8 parties to this Consent Agreement. 9 18. Each of the parties to this Consent Agreement agrees to cooperate and to use his/her best 10 efforts to satisfy all the terns and conditions of this Consent Agreement, promptly execute all other 11 documents,and take all other actions necessary to effectuate all its terms and conditions. 12 19. Each party hereto represents and warrants to the other parties that he,she or it has the full 13 power and authority to execute,deliver and perform under this Consent Agreement. 14 20. This Consent Agreement is a final and binding resolution and settlement of all claims. 15 violations or causes of action alleged by the Complaint in this matter pursuant to Chapters 6.5,6.7, 16 and 6.95 of Division 20 of the Health and Safety Code or which could have been asserted during the 17 statute of limitations period for this action by or through the People of the State of California,based 18 on the specific facts alleged in the Complaint against B&G. its subsidiaries and corporate parents, 19 and each of their affiliates and parents, successors, heirs,assigns,and their respective officers, 20 directors,partners,employees,representatives,agents.property owners,tank owners, franchisees, 21 and facility operators at the facility located at 116 East Roth Road, Lathrop, California. 22 21. Except as otherwise expressly provided by law,any and all notices or other 23 communications required or permitted by this Consent Agreement to be served or given by the 24 Parties,or any of them,to the remaining parties.or any of them,shall be in writing, and shall be 25 deemed duly served and given when personally delivered to the party to whom directed,or in lieu of 26 personal service,when deposited in the United States mail, first-class postage prepaid addressed as 27 Isetfortlbelow, It shall be the responsibility of the Parties to this Consent Agreement to notify each 28 other of any changes of address for notification required under-this Agreement: -7- CONSENT AGREEMENT AND STIPULATION FOR ENTRY OF FINAL JUDGMENT AND ORDER(PROPOSED)