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I described in paragraph 3 above; 2 b. Defendant will not violate Health and Safety Code sections 25500 et seq., as 3 described in paragraph 4 above; and 4 c. Defendant will not violate Business and Professions Code sections 17200 et seq., 5 as described in paragraph 5 above. 6 9. The THREE THOUSAND DOLLARS ($3,000.00) in civil penalties,described in 7 paragraph 8 above, shall immediately be due and payable as set forth in paragraph 8 above, if the San 8 Joaquin County Office of the District Attorney files Declarations that Defendant violated Health and 9 Safety code sections 25100 et seq., or Health and Safety Code sections 25500 et seq. or Business and 10 Professions Code sections 17200 et seq., as described in paragraphs 3, 4, and 5 above. Any penalties 11 or other relief sought by Plaintiff for such violations or alleged violations shall be sought by noticed 12 motion. Plaintiff shall notify Defendant in writing of such alleged violations and shall meet and 13 confer with Defendant within twenty(20) business days of such written notice prior to filing any 14 such motion. The Parties shall negotiate in good faith in an effort to resolve any further penalty 15 assessments or other relief pursuant to this paragraph without judicial intervention. Defendant 16 reserves all defenses in law and equity. 17 10. If all the conditions listed in paragraph 8 above are met,then five(5)years from the 18 filing date of this document, the stayed penalty shall be suspended permanently. 19 11. Defendant shall additionally pay to Plaintiff the sum of THREE THOUSAND EIGHTY- 20 FIVE DOLLARS AND SIXTY CENTS ($3,085.60) as partial recovery of the cost of investigation 21 and suit incurred by the SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH 22 DEPARTMENT. Said payment shall be due and payable to the aforementioned agency, and shall be 23 delivered to the San Joaquin County Office of the District Attorney,Environmental Crimes Unit,on 24 or before AT TIME OF SIGNING. 25 12. Defendant shall additionally pay to Plaintiff the sum of ONE THOUSAND TWO 26 HUNDRED DOLLARS ($1,200.00) as partial recovery of the cost of investigation and suit incurred 27 by the SAN JOAQUIN COUNTY OFFICE OF THE DISTRICT ATTORNEY. Said payment shall 28 be due and payable to the aforementioned agency, and shall be delivered to the San Joaquin County -4- PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION