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V. <br />1 <br />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 />3.2.b KMART shall pay TWO MILLION FIVE HUNDRED THOUSAND <br />DOLLARS ($2,500,000.00) for supplemental environmental projects identified in, and in accordance <br />with the terms of, Exhibit D, attached hereto and incorporated by reference. <br />3.3 Reimbursement of Costs of Investigation and Enforcement <br />On or before the date of approval by the Court of this Final Judgment, KMART shall pay <br />THREE HUNDRED THOUSAND DOLLARS ($300,000.00), to the prosecuting agencies for partial <br />reimbursement of attorney's fees, costs of investigation, and other costs of enforcement incurred, <br />which shall be allocated to the entities identified in, and in accordance with the terms of, Exhibit E, <br />attached hereto and incorporated by reference. <br />3.4 Copy of Payments to Plaintiff's Representatives <br />KMART shall send a photocopy of all payments made by check, or an electronic <br />confirmation of any payment made by wire transfer, to each of the People's representatives <br />identified in paragraph 7, below, at the time of payment. <br />3.5 Late Payments <br />KMART shall be liable for a stipulated civil penalty of $5,000.00 for each day that any <br />portion of any payment required pursuant to paragraphs 3.1 through 3.3 is paid beyond thirty (30) <br />days from the date on which the Court signs this Judgment, or for Stayed Penalty payments, for each <br />day beyond thirty (30) days from the date such payment is due as determined either by agreement of <br />the Parties or order of the Court. <br />4. INJUNCTIVE RELIEF <br />Pursuant to the provisions of Health and Safety Code section 25516.2 and Business and <br />Professions Code section 17203, KMART, its agents, successors and assigns (collectively "Enjoined <br />Persons") are permanently enjoined from failing to comply with Chapters 6.5 and 6.95 of Division <br />20 of the Health and Safety Code and the regulations promulgated under these chapters, and the <br />requirements of the relevant Certified Unified Program Agencies ("CUPAs") pertaining to these <br />laws at the Covered Facilities, and Future Facilities. Failure by any Enjoined Person to comply with <br />the specific injunctive provisions that follow may subject it to additional sanctions, including but not <br />limited to, contempt and additional penalties under California civil or criminal laws. <br />5 <br />sF-2679421 <br />STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT <br />