COMPLIANCE INFO_2008 - Laserfiche WebLink

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I addition,Flying J shall provide all available documentation supporting a Force Majeure claim. 2 5.3. Within fourteen(14) days of receiving the notice set forth in Paragraph 5.2,the 3 People shall notify Flying J in writing whether it agrees with Flying J's assertion of Force 4 Majeure. If the People agree that the delay or anticipated delay is attributable to Force Majeure, 5 Flying J's time for performance of its obligations under this Consent Judgment that are affected 6 by Force Majeure will be extended for such time as the Parties agree is necessary to complete 7 those obligations. 8 5.4. If the Parties disagree about the existence or effect of Force Majeure,either Party 9 may petition the Court to resolve the dispute. If either Party petitions the Court to resolve the 10 Force Majeure dispute,it will neither preclude nor prejudice the People from bringing a motion 11 to enforce the Consent Judgment as provided in Paragraph 6.1.,below,nor will it prejudice 12 Flying J's ability to oppose such a motion. Alternatively,Flying J may raise Force Majeure as a 13 defense to a motion to enforce. In all instances,Flying J shall have the burden of proof to 14 demonstrate Force Majeure. 15 5.5. If the Court determines that a Force Majeure event has occurred,it will extend the 16 time for performance of the relevant obligations under Paragraphs 4.1. through 4.8.of this 17 Consent Judgment for such time as is necessary to complete those obligations. 18 6. ENFORCEMENT AND PENALTIES 19 6.1. Procedure 20 The People may move this Court to enforce any provision of this Consent Judgment and 21 to award other appropriate relief, including penalties as provided in Paragraphs 3.4.c.and 6.2., 22 by serving and filing a regularly noticed motion in accordance with Code of Civil Procedure 23 section 1005("Enforcement Motion"). Flying J may file an opposition,and the People may file 24 a reply. At least ten(10)days before filing an Enforcement Motion under this Consent 25 Judgment, the People must meet and confer with Flying J to attempt to resolve the matter 26 without judicial intervention. To ensure that the meet and confer is as productive as possible,the 27 People will identify,as specifically as the available information allows,the specific instances 28 and dates of non-compliance and the actions that the People believe Flying J must take to CONSENT JUDGMENT 14