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I production volume rate,MonierLifetile LLC shall be granted reasonable additional time <br /> to recycle the materials back into production. In addition, if necessary, MonierLifetile <br /> 2 LLC may dispose of portions of the stockpiles at a licensed Class II landfill. This <br /> additional time shall first be negotiated with the district attorney's office to modify this <br /> 3 Section if necessary. <br /> 4 2. Defendant has experienced a significant reduction in the production volume rate <br /> 5 at its facility. Defendant has completed the recycling of the stockpile at the French Camp <br /> 6 facility,but has approximately 32,000 cubic yards of waste/reject file remaining at the Lathrop <br /> 7 facility. Based on the current production rates,Defendant needs an additional fifteen(15) <br /> 8 months to recycle the remaining stockpile into production. <br /> 9 3. As contemplated by Section 5(b)(2),the People and Defendant hereby stipulate to <br /> 10 extend the deadline set forth in Section 5(b)(2)of June 30, 2006 to September 30, 2007. <br /> 11 The Parties mutually acknowledge that they and their attorneys have participated in the <br /> 12 preparation and negotiation of this Modification and Exhibit hereto. In cases of uncertainty this <br /> 13 Modification shall be construed without regard to which of the Parties caused the uncertainty to <br /> 14 exist. <br /> 15 Dated: June 2006 JAMES P. r, L ��istrict Attorney <br /> 16 of the CounSan Joa uin <br /> 17 <br /> By: <br /> 18 <br /> romey <br /> IM <br /> , Deputy D trict <br /> 19 ornty of San J quin <br /> 20 <br /> 21 Dated: June ,2006 HERUM IrIn <br /> A California Professional Corporation <br /> 22 <br /> 23 By: <br /> 24 KARNA E. HARRIGFELD <br /> Attorney for Defendants <br /> 25 <br /> 26 IT IS SO ORDERED. <br /> 27 <br /> Dated: <br /> 28 JUDGE OF THE SUPERIOR COURT <br /> -2- <br /> MODIFICATION TO STIPULATION OF FINAL JUDGMENT <br /> yon �� <br />