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8 <br />9 <br />10 <br />11 <br />11 <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 />11 <br />$20,000.00, pursuant to Business and Professions Code sections 17200 et seq. <br />However, it is stipulated by all parties that the entire additional FORTY THOUSAND DOLLARS <br />1($40,000.00), in civil penalties shall be stayed for a period of five (5) years on the following <br />•V1 Aft-WIMA, <br />described in paragraph 3 above; <br />b. Defendant will not violate I lealth and Safety Code sections 25 100 et seq., as <br />described in paragraph 4 above; and <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 25280 et seq. and Health and Safety <br />Code sections 25 100 et seq. <br />8. The FORTY THOUSAND DOLLARS ($40,000.00) in civil penalties, described in <br />paragraph 7 above, shall immediately be due and payable as set forth in paragraph 7 above, if the San <br />Joaquin County Office of the District Attorney files Declarations that Defendant violated Health and <br />• Code • 17200 et seq., as described in paragraphs 3, 4, and 5 above. Any penalties <br />or other relief sought by Plaintiff for such violations • alleged violations shall be sought by noticed <br />motion. Plaintiff shall notify Defendant in writing of such alleged violations and shall meet and <br />confer -with Defendant within twenty (20) business days of such written notice prior to filing any <br />such motion. The ► shall • in good faith in an effort to resolve any further penalty <br />assessments or other relief pursuant to this paragraph without judicial intervention. Defendant <br />reserves all defenses in law and equity. <br />9. If all the conditions listed in paragraph 7 above are met, then five (5) years from the filing <br />date of this document., the stayed penalty shall be suspended permanently. <br />10. The Plaintiff may move this Court to enjoin any violation of any provision of this <br />_$__ <br />PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANTTO STIPULA] ION <br />