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I enforcement action against Defendants for the alleged statutory or regulatory violation embodied 2 in Paragraph 6 of this Final Judgment. A violation by Defendants of the provisions imposed by( 3 Paragraph 6 of this Final Judgment shall be considered a claim separate and in addition to any 4 claim that may be made by Plaintiff,the CUPAs, or other enforcement agencies for a violation by 5 Defendants of the underlying statutory or regulatory requirements, which may be enforced 6 separately in another proceeding. For potential violations of Paragraph 6,the Office of the 7 Attorney General, when acting in its independent capacity on behalf of the People of the State of 8 California, agrees that if it elects to pursue an enforcement action, it will seek monetary relief 9 against Defendants in the form of sanctions for violation of this Final Judgment or judicial/civil 10 penalties for the underlying statutory or regulatory violation, but not both. In addition, if the 11 Attorney General, when acting in its independent capacity on behalf of the People of the State of 12 California, seeks monetary relief pursuant to this Paragraph and a CUPA or other enforcement 13 agency in a separate action seeks the imposition of judicial or administrative civil penalties for the 14 same underlying statutory or regulatory violation having to do with the same course of conduct, 15 Defendants shall be entitled to offset against any monetary penalties awarded to the Attorney 16 General that amount of penalties awarded to the CUPA or other enforcement agency for the same 17 underlying statutory or regulatory violation having to do with the same course of conduct. 18 (c) The parties agree to meet and confer prior to the filing of any motion to assess 19 penalties pursuant to this Paragraph, and further agree to negotiate in good faith in an effort to 20 resolve any penalty assessments pursuant to this Paragraph without judicial intervention. 21 However, in the event Plaintiff files such a motion, Defendants reserve and retain all rights and 22 defenses to oppose Plaintiff's motion, including the right to contest that Defendants are in 23 violation of this Final Judgment. 24 (d) Except for the matters covered in Paragraphs 19-21 below and those matters that 25 Plaintiff in its discretion chooses to present to the Court pursuant to Paragraph 11(a) or(b) above, 26 nothing in this Final Judgment shall restrict or condition the ability of Plaintiff, the CUPAs, or 27 other enforcement agencies to separately administer or enforce state laws or regulations, County 28 Codes, or the provisions of any order or permit issued by the CUPAs. 12 Final Judgment and Injunction