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d w I In the event WART elects to contest the People's notice, it shall provide the facts and law upon 2 which it bases such contest to the People in writing. The Parties agree to meet and confer to attempt 3 to resolve their dispute before taking any action to enforce the terms hereof. If no informal 4 resolution of a violation results, the People may by motion or application before the Superior Court 5 of Ventura, seek Stayed Penalties as provided in paragraph 3. Lb hereof. 6 5.2 Except as provided in paragraph 6 hereof, nothing in this Final Judgment shall limit 7 any rights of the People to seek any other relief or criminal or civil remedies provided by law. 8 6. MATTERS COVERED BY THIS FINAL JUDGMENT 9 6.1 This Final Judgment is a final and binding resolution and settlement of all "Covered 10 Matters." As used in this Final Judgment, Covered Matters means all claims that have been alleged, 11 or claims that could have been asserted within the scope of the allegations set forth, in the Complaint 12 in this matter up until May 1, 2009, according to statute, regulation, or ordinance by or through the 13 People of the State of California. The People reserve the right to pursue any claim, violation or 14 cause of action that is not a Covered Matter ("Reserved Claim') and KMART reserves the right to 15 defend against any Reserved Claim. Claims, violations or causes of action against KMART's 16 independent contractors or subcontractors, if any, are not resolved by this Final Judgment. 17 6.2 Any claims, violations or causes of action against KMART that are not alleged in the 18 Complaint, including, but not limited to, any violations that occurred after -May 1, 2009, are not 19 resolved, settled or covered by this Final Judgment. The Parties entered into pre -filing tolling 20 agreements in this matter. The Parties agree that the tolling agreements were intended to, and did, 21 toll only those claims, violations and causes of action that are contained in the Complaint and/or 22 resolved by this Final Judgment. Other claims, violations or causes of action against KMART by the 23 People, if any, were not tolled by the Parties' tolling agreements, and for those claims, the tolling 24 agreements had no force or effect. 25 6.3 Notwithstanding any other provision of the Final Judgment, Covered Matters does not 26 include any claims or causes of action against KMART for (1) performance of cleanup, corrective 27 action, or response action concerning or arising out of any actual past or future releases, spills, or 28 disposals of hazardous wastes, hazardous materials or hazardous substances at and from KMART's 9 sr -2679421 STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT