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l hazardous items already in the possession of the third-party consolidator. Defendant will instruct the 2 third-party consolidator not to destroy those items until an alternative disposition is determined. If an alternative disposition is determined within 45 days, Defendant will instruct the third-party consolidator 4 to manage all hazardous items in conformance with that determination. If an alternative disposition is 5 not determined within 45 days, Defendant will instruct the third-party consolidator to manage those 6 hazardous items as hazardous waste. Until that alternative disposition is determined and that 7 determination is communicated to the third-party consolidator, Defendant must manage each item 8 currently at its Facilities as a hazardous waste. 9 Defendant is currently working on a computer system that will automate this audit process and 10 review the disposition codes for each hazardous item on a more periodic basis. Once this automated 11 process is in place, a hazardous item with a"destroy-only"or"discard-only" disposition will be 12 automatically flagged and McLane will promptly and aggressively work with the manufacturer to change 13 its disposition or manage the item as a hazardous waste as described in the previous paragraph. When 14 Defendant implements a fully functioning computer system that performs this automated review, 15 Defendant will inform the People in a status reports, defined in Paragraph 22. Defendant and the People 16 agree that when this automated process is implemented and when the Defendant informs the People, 17 Defendant will no longer be required to perform the monthly review described in the previous paragraph. 18 In addition to reviewing disposition codes, McLane also agrees to conduct semi-annual internal 19 audits of the Damages and Returns Areas in each of its Facilities to verify that its employees are 20 complying with Injunctive Relief provisions included herein. 21 5.4 Reimbursement of Partial Costs of Investigation and Enforcement 22 Defendant shall pay THIRTY FIVE THOUSAND DOLLARS ($35,000.00) for reimbursement of 23 attorney's fees, costs of investigation, and other costs of enforcement,to the entities identified in, and in 24 accordance with the terms of, Exhibits D-1 and D-2, attached. 25 6. ENFORCEMENT OF FINAL JUDGMENT AND PENALTIES 26 The People may move this Court for additional relief for any violation of any provision of this 27 Final Judgment including, but not limited to, contempt, additional injunctive provisions, or additional 28 penalties consistent with the provisions of this Final Judgment. Unless otherwise set forth herein, nothing 7 STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION