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1 <br />shall be made parable to the TREASURER OF SAN JOAQUIN COUNTY and delivered to the San <br />2 <br />Joaquin County Office of the District Attomey, Environmental Prosecutions Unit, on or before <br />3 <br />AUGUST 1, 2010. <br />4 <br />8. Defendants shall be penalized, as and for civil penalties, pursuant to Business and <br />5 <br />Professions Code sections 17200 et seq., in addition to those civil penalties set forth in paragraphs 6 <br />6 <br />and 7, TWENTY-FOUR THOUSAND DOLLARS ($24,000.00). However, it is stipulated by all <br />7 <br />parties that the entire additional TWENTY-FOUR THOUSAND DOLLARS ($24,000.00), in civil <br />8 <br />penalties shall be stayed for a period of five (5) years on the following conditions: <br />9 <br />a. Defendants will not violate Health and Safety Code sections 25100 et seq., as <br />10 <br />described in paragraph 3 above; <br />11 <br />b. Defendants will not violate Health and Safety Code sections 25280 et seq., as <br />12 <br />described in paragraph 4 above; <br />13 <br />c. Defendants will not violate or engage in any of the unlawful acts of unfair <br />14 <br />competition as set forth in the First and Second Causes of Action of the complaint filed in this action, <br />15 <br />as well as any other violations of the Business and Professions Code sections 17200 et seq., including <br />16 <br />but not limited to Health and Safety Code sections 25100 et seq., and 25280 et seq.. <br />17 <br />9. The TWENTY-FOUR THOUSAND DOLLARS ($24,000.00) in civil penalties, described <br />18 <br />in paragraph 8 above, shall immediately be due and payable as set forth in paragraph 8 above, if the <br />19 <br />San Joaquin County Office of the District Attomey files Declarations that Defendants violated Health <br />20 <br />and Safety code sections 25100 et seq., or 25280 et seq. or Business and Professions Code sections <br />21 <br />17200 et seq., as described in paragraphs 3, 4, and 5 above. Any penalties or other relief sought by <br />22 <br />Plaintiff for such violations or alleged violations shall be sought by noticed motion. Plaintiff shall <br />23 <br />notify Defendants in writing of such alleged violations and shall meet and confer with Defendants <br />24 <br />within twenty (20) business days of such written notice prior to filing any such motion. The Parties <br />25 <br />shall negotiate in good faith in an effort to resolve any further penalty assessments or other relief <br />26 <br />27 <br />pursuant to this paragraph without judicial intervention. Defendants reserve all defenses in law and <br />4 <br />28 <br />PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION <br />