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I and 7, TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS($27,500.00). However, it is 2 stipulated by all parties that the entire additional TWENTY-SEVEN THOUSAND FIVE 3 HUNDRED DOLLARS ($27,500.00),in civil penalties shall be stayed for a period of three(3) years 4 on the following conditions: 5 a. Defendant will not violate Health and Safety Code sections 25100 et seq., as 6 described in paragraph 3 —3(d)above; 7 b. Defendant will not violate Health and Safety Code sections 25280 et seq.,as S described in paragraph 4—4(e)above; 9 c. Defendant will not violate or engage in any of the unlawful acts of unfair 10 competition as set forth in the First and Second Causes of Action of the Complaint filed in this 11 action, as well as any other violations of the Business and Professions Code sections 17200 et seq., 12 including but not limited to Health and Safety Code sections 25100 et seq. and 25280 et seq. 13 9. The TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27,500.00)in civil 14 penalties, described in paragraph 8 above, shall immediately be due and payable as set forth in 15 paragraph 8 above, if the San Joaquin County Office of the District Attorney files Declarations that 16 Defendant violated Health and Safety code sections 25100 et seq.,or Health and Safety Code 17 sections 25280 et seq.,or Business and Professions Code sections 17200 et seq. as described in 18 paragraphs 3,4,and 5 above. Any penalties or other relief sought by Plaintiff for such violations or 19 alleged violations shall be sought by noticed motion. Plaintiff shall notify Defendant in writing of 20 such alleged violations and shall meet and confer with Defendant within twenty(20)business days of 21 such written notice prior to filing any such motion. The Parties shall negotiate in good faith in an 22 effort to resolve any further penalty assessments or other relief pursuant to this paragraph without 23 judicial intervention. Defendant reserves all defenses in law and equity. 24 10. If all the conditions listed in paragraph 8 above are met,then three(3) years from the 25 filing date of this document,the stayed penalty shall be suspended permanently. 26 11. At any time after this Final Judgment has been in effect for five (5)years,and Defendant 27 has paid any and all amounts due under the Final Judgment, any party may provide notice to the 28 Court(which shall be served on all parties)that the injunctive provisions of this Final Judgment -4- PERMAMENT INJUNCTION