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1 <br />9. LIABILITY OF THE PEOPLE <br />2 <br />The People shall not be liable for any injury or damage to persons or property resulting from <br />3 <br />acts or omissions by KMART, its directors, officers, employees, agents, representatives or <br />4 <br />contractors, in carrying out activities pursuant to this Final Judgment, nor shall the People be held as <br />5 <br />a party to or guarantor of any contract entered into by KMART, its directors, officers, employees, <br />6 <br />agents, representatives or contractors, in carrying out the requirements of this Final Judgment. <br />7 <br />10. NO WAIVER OF RIGHT TO ENFORCE <br />8 <br />The failure of the People to enforce any provision of this Final Judgment shall neither be <br />9 <br />deemed a waiver of such provision nor in any way affect the validity of this Final Judgment. The <br />10 <br />failure of the People to enforce any such provision shall not preclude it from later enforcing the same <br />11 <br />or any other provision of this Final Judgment. No oral advice, guidance, suggestions or comments <br />12 <br />by employees or officials of any Party regarding matters covered in this Final Judgment shall be <br />13 <br />construed to relieve any Party of its obligations under this Final Judgment. <br />14 <br />11. FUTURE REGULATORY CHANGES <br />15 <br />Nothing in this Final Judgment shall excuse KMART from meeting any more stringent <br />16 <br />requirements that may be imposed by applicable law or by any changes in the applicable law. <br />17 <br />.12. APPLICATION OF FINAL JUDGMENT <br />18 <br />This Final Judgment shall apply to and be binding upon the People and upon KMART and its <br />19 <br />successors and assigns. <br />20 <br />13. AUTHORITY TO ENTER FINAL JUDGMENT <br />21 <br />Each signatory to this Final Judgment certifies that he or she is fully authorized by the party <br />22 <br />he or she represents to enter into this Final Judgment, to execute it on behalf of the party represented <br />23 <br />and legally to bind that party. <br />24 <br />14. TERMINATION OF INJUNCTION <br />25 <br />At any time after this Final Judgment has been in effect for five (5) years, and KMART has <br />26 <br />paid all amounts due hereunder, KMART may, with notice to plaintiff, file a motion requesting that <br />27 <br />the Court order that the permanent injunctive provisions of Paragraphs 4. La through 4. Lt shall have <br />28 <br />no prospective force or effect based on KMART's demonstrated history of compliance with the Final <br />12 <br />sF-2679421 <br />STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT <br />