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i <br />I <br />"Covered Facilities" means the KMART retail facilities in the State of California listed on <br />2 <br />Exhibit A attached hereto and incorporated by reference. <br />3 <br />"Future Facilities" means any retail facilities that KMART may, after the entry of the Final <br />4 <br />Judgment, open in California in addition to the Covered Facilities. <br />5 <br />2. JURISDICTION <br />6 <br />The Parties stipulate and agree that the Superior Court of California, County of Ventura, has <br />7 <br />subject matter jurisdiction over the matters alleged in this action and personal jurisdiction over the <br />8 <br />Parties to this Final Judgment. <br />9 <br />3. PAYMENTS FOR PENALTIES, ENVIRONMENTAL PROTECTION <br />10 <br />ENFORCEMENT AND OTHER PROJECTS <br />11 <br />KMART shall pay civil penalties, cy pres restitution, fund the supplemental environmental <br />12 <br />projects provided for in this Final Judgment and pay costs in the total amount of EIGHT MILLION <br />13 <br />SIX HUNDRED AND FIFTY THOUSAND DOLLARS ($8,650,000.00). All payments set forth in <br />14 <br />paragraphs 3. La, 3. Lb., 3.2.a, and 3.3 below shall be delivered to the Ventura County District <br />15 <br />Attorney at the address set forth in paragraph 7, below, or by wire transfer, and shall be allocated and <br />16 <br />distributed as set forth in paragraphs 3.1 through 3.5 below. <br />17 <br />3.1 Civil Penalties <br />18 <br />3. La. On or before the date of approval by the Court of this Final Judgment, <br />19 <br />KMART shall pay TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS ($2,800,000.00) <br />20 <br />as civil penalties pursuant to section 17206 of the Business and Professions Code, and SIX <br />21 <br />HUNDRED THOUSAND DOLLARS ($600,000.00) as civil penalties pursuant to section 25515.2 <br />22 <br />of the Health and Safety Code, to the prosecuting agencies/regulatory agencies identified in, and in <br />23 <br />accordance with the terms of, Exhibit B, attached hereto and incorporated by reference. <br />24 <br />3. Lb. Additionally, KMART shall pay ONE MILLION SIX HUNDRED <br />25 <br />THOUSAND DOLLARS ($1,600,000.00) as civil penalties to the prosecuting agencies pursuant to <br />26 <br />section 17206 of the Business and Professions Code. However, payment of the entire ONE <br />27 <br />MILLION SIX HUNDRED THOUSAND DOLLARS ($1,600,000.00) of civil penalties set forth in <br />28 <br />this paragraph 3. Lb., shall be stayed ("Stayed Penalty") for a period of five (5) years from the date <br />3 <br />sF-2679421 <br />STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT <br />