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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13' <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />reference. Each agency identified in Exhibit B must submit to People's representatives, as <br />identified in Paragraph 8, a declaration by an authorized representative of that agency stating that <br />the funds deposited into the special account pursuant to this Consent Judgment shall be expended <br />only to fund authorized activities, as described in Exhibit B. The declaration shall follow the <br />11 format outlined in Exhibit C, incorporated by reference. <br />3.2. Credit <br />Against FIying J's total liability of $5,450,000, Flying J shall be credited $1,000,000 for <br />various actions that Flying J voluntarily has taken related to its UST systems that are above and <br />beyond that required by law. <br />3.3. Reimbursement of Costs of Investieation and Enforcement <br />Flying J shall pay $250,000 for reimbursement of attorneys fees, costs of investigation <br />and other costs of enforcement to the agencies identified, and in accordance with the terms, in <br />Exhibit D, incorporated by reference. <br />3.4. Suspended Penalty <br />3.4.a. Of Flying J's total liability of $5,450,000,$1,000,000, shall be suspended, <br />as set forth below <br />3.4.b. If the People determine that Flying J has violated one or more of the <br />provisions for which Suspended Penalties may be assessed pursuant to this Consent Judgment, <br />the People may file a noticed motion as set forth in Paragraph 6.1 requesting that the Court <br />impose Suspended Penalties. Flying J retains the right to oppose the motion, including its right <br />to contend that it is not responsible for the Suspended Penalty Action due to a Force Majeure as <br />defined in Paragraph 5.1 Asset forth in Paragraph 6.1., at least ten (10) days before filing a <br />motion seeking a Suspended Penalty, the People must meet and confer in good faith with Flying <br />J to attempt to resolve the matter without judicial intervention. <br />3.4.c. If the Court finds that Flying J has engaged'in a Suspended Penalty Action <br />on one or more occasions, for each violation, it shall require Flying J to pay a Suspended Penalty <br />of $100,000. In determining whether to assess a Suspended Penalty, the Court will consider the <br />circumstances surrounding the alleged violation. The Court shall have no discretion to reduce or <br />CONSENT JUDGMENT <br />4 <br />