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I I Judgment. 2 NOW THEREFORE, the Parties having requested this Court enter this Final Judgment, and 3 the Court having considered the Final Judgment reached between the Parties, IT IS HEREBY 4 ORDERED, ADJUDGED, AND DECREED as follows: 5 1. JURISDICTION 6 This Court has subject matter jurisdiction over the matters alleged in this action and personal 7 jurisdiction over the Parties to this Final Judgment. 8 2. SETTLEMENT OF DISPUTED CLAIMS 9 This Final Judgment is a fair and reasonable resolution of the Covered Matters (as defined in 10 Paragraph 6 below) and is in the best interest of the public. 11 3. DEFINITIONS 12 Except where otherwise expressly defined in this Final Judgment, all terms shall be 13 interpreted consistent with Health and Safety Code section 25100 et seq. (Hazardous Waste Control 14 Law), section 25500 et seq. (Hazardous Materials Release Response Plans and Inventory Law), and 15 the regulations promulgated under these sections. 16 "Certified Unified Program Agency" or"CUPA" is defined in Health and Safety Code 17 sections 25123.7(b) and 25404(a), and means the agency that, pursuant to Chapter 6.11 of Division 18 20 of the Health and Safety Code, and Title 27 of the California Code of Regulations, is certified by 19 the California Environmental Protection Agency with the jurisdictional responsibility and authority 20 to implement and enforce certain state environmental program requirements specified in Health and 21 Safety Code section 25404(c)(1). 22 "Party City Facility(ies)"means the permanent stores at fixed locations that operate on a 23 year-round basis within the State of California that Defendant formerly or currently owns or 24 operates, or any respective successor corporation or assignee owns or operates subsequent to the 25 effective date of this Final Judgment. Party City Facilities known on or about the effective date of 26 this Final Judgment are listed in Exhibit A-1. 27 "Halloween City Facility(ies)"includes all Toy City locations and means stores which are 28 formerly or currently owned, operated, licensed or leased by Defendant, within the state of California -3- CTTPTn ATTOVMR FMTTiV nPPTKT AT "MCM41:NTT ANM DLDA4 A MLNTT tAtTMTO/ MXT