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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 />facilities in California, including but not limited to its Covered Facilities; and (2) claims or causes of <br />action relating to KMART's disposal of hazardous wastes, hazardous materials or hazardous <br />substances that are unknown to the People. Such matters are Reserved Claims. <br />6.4 In any subsequent action that may be brought by the People based on any Reserved <br />Claim, KMART agrees that it will not assert that failing to pursue the Reserved Claims as part of this <br />action constitutes claim -splitting, laches or is otherwise inequitable because such claims should have <br />been brought as part of this action. This paragraph does not prohibit KMART from asserting any <br />statute of limitations or other legal or equitable defenses that may be applicable to any Reserved <br />Claims. <br />6.5 In the event that litigation is filed by an entity that is not a party to this action against <br />KMART arising out of or related to a Covered Matter, KMART may within 30 days following <br />service of such litigation upon KMART notify the People of such litigation. Upon such timely <br />notice, the People will appear in person or in writing (at the People's discretion) in such subsequent <br />litigation to explain the effect of this Final Judgment on such litigation. If the People determine that <br />the subsequent litigation is barred by the principles in this paragraph, the People will support <br />KMART in arguing that the subsequent litigation is barred by the principle of res judicata. <br />6.6 The provisions of paragraph 6.1 are effective upon full payment by KMART of the <br />sums required pursuant to this Final Judgment. The continuing effect of paragraph 6.1 is expressly <br />conditioned on KMART's full payment of the amounts due under this Final Judgment. <br />6.7 Paragraph 6.1 does not limit the ability of the People to enforce the terms of the Final <br />Judgment. <br />6.8 KMART covenants not to pursue any civil or administrative claims against the People <br />or against any agencies of the State of California, any counties in the State of California or any <br />CUPA, Participating Agency or Local Agency, or against their officers, employees, representatives, <br />agents or attorneys arising out of or related to any Covered Matter. <br />7. NOTICE <br />All submissions and notices required by this Final Judgment shall be sent to: <br />For the People: <br />10 <br />sF-2679421 <br />STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT <br />