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I 4.8.j. Flying J at all times shall have in place and shall implement a business 2 emergency plan for emergency response to a release or threatened release of a hazardous 3 material at each of its California as required by Health and Safety Code section 25503.5. 4 4.81. Flying J at all times shall have in place and shall submit to the 5 Administering Agency(as defined in Health and Safety Code sections 25501 and 25502)a 6 complete hazardous materials business plan as required by Health and Safety Code sections 7 25504 and 25505 and California Code of Regulations, title 19,section 2729. 8 4.8.1. FIying J at all times,shall have at least one employee either on the facility 9 premises or on call(i.e.,available promptly to respond to an emergency at the facility)with the 10 responsibility for coordinating all emergency response measures relating to hazardous wastes 11 ("Emergency Coordinator")as required by California Code of Regulations,title 22,section 12 66265.55. 13 5. FORCE MAJEURE 14 5.1. Any event(which may include an act or an omission) that is beyond Flying J's 15 control and that prevents Flying J from timely performing any obligation under Paragraphs 4.1. 16 through 4.8.of this Consent Judgment,despite Flying,J's best efforts, is a"Force Majeure" 17 event. The requirement that Flying J exercise its best efforts obligates Flying J to address the 18 effects of any potential Force Majeure event(1)as it is occurring,and(2)following the Force 19 Majeure event,such that the delay is minimized. Force Majeure does not include Flying J's 20 financial inability to fund or complete the obligation or circumstances that Flying J could have 21 avoided if it had complied with preventative requirements imposed by law,regulation or 22 ordinance. 23 5.2. If any Force Majeure event occurs that may prevent or delay Flying J's 24 performance of any obligation under Paragraphs 4.1.through 4.8. of this Consent Judgment, 25 within ten(10)business days of when Flying J first receives notice of the event,Flying J shall 26 provide to the People a written explanation and description of the event; the anticipated duration 27 of any delay;all actions Flying J has taken or will take to prevent or minimize the delay and a 28 schedule of such actions;and the rationale for categorizing the event as a Force Majeure. In CONSENT JUDGMENT 13