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i i I The Patiies shall attempt to resolve any such dispute by means of good faith informal j 2 negotiations, 3 4. .c. When Defendmrrt disposes of an iteM subject to Recall that is classified as i I 4 a lulzardous waste or medical waste w.hen discarded,Defendant shall manage such item as a i 5 hazardous waste or medical waste. 6 4.8 "Destroy Only Dispositions" 7 4:8,a. 13egimring on the Effoctive Date and continuing until the five(5)year I 8 an tiversary thereof,Defendant shall work with or continue working with appropriate 1 9 stakeholders from business and government,including the U.S, Environmental promdoll i 10 Agency,the U;S..Food and Drug AdmilAgA ration,the California Department of Public health an 1.1 DTSC J throu either directly or tradeassoctatiomh or informal coalitions of interested parties, Sh t12 undertaking to promote regulatory reform regarding the proper nh<rnogement of items that are 13 sent through the reverse logistics proc(:s5 for which there is contractually no option for the 14 reverse logistics processor other than to dispose of the item as hazardous waste or medical wosto 15 ("Destro), Only Dispositions"). Such work tnay include coordination and communication with 16 national retail ti-axle associations. A description of progress on such work shall be included in the 17 Annual Status Reports required by Paragraph 24 below. 18 4.8.b. During the tennof this Final Judgment,the People may pursue a violation 19 of this Final Judgment regarding the hamdling and managument of items that have a Destroy 20 Offly Disposition only if Defendant has failed to dernoustrate reasonable diligence in}performing 21 the worlk.do.seabed in subpara gaph 4.8:a above. Nothing hereinshall prevent the People from 22. pursuing appropriate enforcement of this Final Jud&new regarding the handling mill 23 management of items that have a Destroy Only Disposition for acts or omissions in violation of 24 applicable law oomtrring on or after.•ninety(.90)days followithg receipt by Defendant:of written 25 notice as provided by Paragraph 9 of the people's intent to do so, The Partles shall attempt to 26 resolve any such dispute by means of good faith informal negotiations. 15 STIPULATION FOR ENTRY OF FINAL JT)WMFNT AND PERMANENT iNJUNMON i I