COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

Home Browse Search

I Consent Judgment and to address any other matters arising out of or regarding this Consent 2 Judgment. The Parties shall meet and confer prior to the filing of any motion relating to this 3 Consent Judgment,including any Enforcement Motion as required by Paragraph 6.1.,and shall 4 negotiate in good faith in an effort to resolve any dispute without judicial intervention. 5 17. NON-DISCHA.RGEABILITY OF OBLIGATIONS 6 Payments required by this Consent Judgment are not dischargeable in bankruptcy 7 18. ABILITY TO INSPECT AND COPY RECORDS AND DOCUMENTS 8 On reasonable notice and subject to all of the defenses Flying J would have to requests 9 for documents made by subpoena or other formal legal process or discovery,Flying J shall ld permit any duly authorized representative of the People to inspect and copy Flying J's records 11 and documents to determine whether Flying J is in compliance with the terms of this Consent 12 Judgment. Such documents include,but are not limited to,Flying J's designated UST 13 operator reports. Nothing in this Paragraph is intended to require access to or production of r 14 any documents that are protected by the attorney-client privilege,attorney work product 15 doctrine or any other applicable privilege afforded to Flying J under law 16 19. PAYMENT OF LITIGATION EXPENSES AND FEES. 17 Flying J shall pay its own attorney fees,expert witness fees and costs and all other 18 costs of litigation and investigation incurred to date. 19 20. INTERPRETATION 20 This Consent Judgment was drafted equally by all Parties. The Parties agree that the 21 rule of construction holding that ambiguity is construed against the drafting Party shall not 22 apply to the interpretation of this Consent Judgment. 23 21. COUNTERPART SIGNATURES 24 This Consent Judgment may be executed by the Parties in counterpart. 25 22. COOPERATION BY FLYING J 26 Flying J shall cooperate with the People in addressing violations of environmental 27 laws by any of Flying J's third-party contractors,should such violations come to light. On the 28 People's request and upon reasonable notice,Flying J will provide documents in its CONSENT JUDGMENT 19