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1 SETTLEMENT OF DISPUTED CLAIMS 2 3. The Parties enter into this Stipulation pursuant to a compromise and settlement of i 3 disputed claims set forth in the First Amended Complaint. Defendants do not admit any 4 allegation,finding, or determination alleged in the First Amended Complaint, this Stipulation, or 5 the Violations Summary attached as Exhibit C. Defendants' agreement to this Stipulation and 6 Judgment is not an admission regarding any issue of law or fact alleged by the State Water Board i 7 and may not be construed as an admission by any party or third party. However, Defendants 8 stipulate that the violations set forth in the First Amended Complaint and this Stipulation and 9 Judgment shall be deemed to be admitted for the sole purpose of establishing a repeat violation in 10 any subsequent action or administrative proceeding brought by any regulatory agency, except 11 violations shall not be deemed admitted for the Covered Facility located at 6421 Capital Avenue, 12 Lodi, CA. All defendants not a party to this Stipulation shall be dismissed without prejudice. 13 APPLICABILITY I 14 4. This Stipulation and Judgment applies to: (1) Defendants through each of their 15 respective officers, directors, agents, employees, contractors, consultants, representatives, I 16 successors, assigns, receivers, trustees, and all persons,partnerships, corporations, and other 17 entities acting under, on behalf of, or in concert with Defendants; and (2) The 11 underground 18 storage tank facilities listed in the First Amended Complaint filed in this action collectively 19 referred to as the "Covered Facilities," and identified on Exhibit B attached to this Stipulation. 20 This Stipulation and Judgment does not impose liability on any third party other than the named 21 Defendants. 22 MATTERS RESOLVED BY THIS STIPULATION AND JUDGMENT 23 5. This Stipulation and Judgment are a final and binding resolution of all claims, 24 violations, and causes of action specifically identified in the Violations Summary, attached as 25 Exhibit C to this Stipulation, and alleged by the State Water Board in the First Amended 26 Complaint under the California Health and Safety Code, division 20, chapter 6.7, and California 27 Code of Regulations, title 23, section 2610 et seq. against any Defendant as an owner or operator 28 of the Covered Facilities during the periods of ownership and operation by any Defendant from 3 Stipulation for Entry of Final Consent Judgment(Case No.34-2014-00164107)