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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />and 7, TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27,500.00). However, it is <br />stipulated by all parties that the entire additional TWENTY-SEVEN THOUSAND FIVE <br />HUNDRED DOLLARS ($27,500.00), in civil penalties shall be stayed for a period of three (3) years <br />on the following conditions: <br />a. Defendant will not violate Health and Safety Code sections 25100 et seq., as <br />described in paragraph 3 — 3(d) above; <br />b. Defendant will not violate Health and Safety Code sections 25280 et seq., as <br />described in paragraph 4 — 4(e) above; <br />c. Defendant will not violate or engage in any of the unlawful acts of unfair <br />competition as set forth in the First and Second Causes of Action of the Complaint filed in this <br />action, as well as any other violations of the Business and Professions Code sections 17200 et seq., <br />including but not limited to Health and Safety Code sections 25100 et seq, and 25280 et seq. <br />9. The TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27,500.00) in civil <br />penalties, described in paragraph 8 above, shall immediately be due and payable as set forth in <br />paragraph 8 above, if the San Joaquin County Office of the District Attorney files Declarations that <br />Defendant violated Health and Safety code sections 25100 et seq., or Health and Safety Code <br />sections 25280 et seq., or Business and Professions Code sections 17200 et seq. as described in <br />paragraphs 3, 4, and 5 above. Any penalties or other relief sought by Plaintiff for such violations or <br />alleged violations shall be sought by noticed motion. Plaintiff shall notify Defendant in writing of <br />such alleged violations and shall meet and confer with Defendant within twenty (20) business days of <br />such written notice prior to filing any such motion. The Parties shall negotiate in good faith in an <br />effort to resolve any further penalty assessments or other relief pursuant to this paragraph without <br />judicial intervention. Defendant reserves all defenses in law and equity. <br />10. If all the conditions listed in paragraph 8 above are met, then three (3) years from the <br />filing date of this document, the stayed penalty shall be suspended permanently. <br />11. At any time after this Final Judgment has been in effect for five (5) years, and Defendant <br />has paid any and all amounts due under the Final Judgment, any party may provide notice to the <br />Court (which shall be served on all parties) that the injunctive provisions of this Final Judgment <br />-4-- <br />PERIvtAMENT INJUNCTION <br />