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1 and 9,EIGHTY THOUSAND DOLLARS ($80,000.010). However,it is stipulated by all parties that <br /> 2 the entire additional EIGHTY THOUSAND DOLLARS ($80,000.00),in civil penalties shall be <br /> 3 stayed for a period of five(5)years on the following conditions: <br /> 4 a. Defendant will not violate Health and Safety Code sections 25280 et seq.,as <br /> 5 described in paragraph 3 above; <br /> 6 b. Defendant will not violate Health and Safety Code sections 25100 et seq., as <br /> 7 described in paragraph 4 above; <br /> 8 c. Defendant will not violate Health and Safety Code section 25500 et seq.,as <br /> 9 described in paragraph 5 above; and <br /> 10 d. Defendant will not violate Fish and Game Code, sections 5650 et seq., as described <br /> 11 in paragraph 6 above. <br /> 12 e. Defendant will not violate or engage in any of the unlawful acts of unfair <br /> 13 competition as set forth in the Complaints filed in Superior Court Cases: STK-CV-UCL-0006222, <br /> 14 CV027333,CV032733, and 39-2009-00206405-CU-TT-STK, as well as any other violations of the <br /> 15 Business and Professions Code sections 17200 et seq.,including but not limited to Health and Safety <br /> 16 Code sections 25280 et seq., 25100 et seq., and 25500 et seq., and Fish and Game Code sections <br /> 17 5650 et seq. <br /> 18 11. The EIGHTY THOUSAND DOLLARS ($80,000.00)in civil penalties,described in <br /> 19 paragraph 10 above, shall immediately be due and payable as set forth in paragraph 10 above, if the <br /> 20 San Joaquin County Office of the District Attorney files Declarations that Defendant violated Health <br /> 21 and Safety code sections 25280 et seq., or Health and Safety Code sections 25100 et seq.,or Health <br /> 22 and Safety Code sections 25500 et seq., or Fish and Game Code 5650 et. seq.,or Business and <br /> 23 Professions Code sections 17200 et seq., as described in paragraphs 3,4, 5, and 6 above. Any <br /> 24 penalties or other relief sought by Plaintiff for such violations or alleged violations shall be sought by <br /> 25 noticed motion. PIaintiff shall notify Defendant in writing of such alleged violations and shall meet <br /> 26 and confer with Defendant within twenty(20) business days of such written notice prior to filing any <br /> 27 such motion. The Parties shall negotiate in good faith in an effort to resolve any further penalty <br /> 28 assessments or other relief pursuant to this paragraph without judicial intervention. Defendant <br /> -9— <br /> PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION <br />