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13 sF-2679421 STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT I Judgment and to have the stayed penalty of one million six hundred thousand dollars excused. 2 Within thirty (30) days of the filing of KMART's motion, the People will either: take no action, file 3 a statement of non -opposition, or file an opposition. If the People agree that KMART has 4 substantially complied with the obligations set forth in the Final Judgment, the People will file a 5 statement of non -opposition to KMART's motion. Otherwise, the People may file an opposition 6 setting forth the People's reasoning and will recommend that the Final Judgment, including the 7 injunctive provisions, remain in effect. Within fifteen (15) days of any filing by the People, KMART 8 may file a reply. The Parties agree that the Court may grant KMART's request upon determining 9 that KMART has substantially complied with the obligations set forth herein. 10 15. CONTINUING JURISDICTION 11 The Parties agree that this Court has jurisdiction to interpret and enforce the Final Judgment. 12 The Court shall retain continuing jurisdiction to enforce the terms of this Final Judgment and to 13 address any other matters arising out of or regarding this Final Judgment. 14 16. ABILITY TO INSPECT AND COPY RECORDS AND DOCUMENTS 15 On reasonable notice and subject to all of the defenses KMART has to requests for 16 documents made by subpoena or other formal legal process or discovery, KMART shall permit any 17 duly authorized representative of the People to inspect and copy KMART's records and documents 18 as they deem reasonably necessary to determine whether KMART is in compliance with the terms of 19 this Final Judgment. Nothing in this paragraph is intended to require access to or production of any 20 documents that are protected from production or disclosure by the attorney-client privilege, attorney 21 work product doctrine or any other applicable privilege afforded to KMART under applicable law. 22 17. PAYMENT OF LITIGATION EXPENSES AND FEES 23 KMART shall pay its own attorney fees, expert witness fees and costs and all other costs of 24 litigation and investigation incurred to date. 25 18. INTERPRETATION 26 This Final Judgment was drafted equally by all Parties. The Parties agree that the rule of 27 construction holding that ambiguity is construed against the drafting party shall not apply to the 28 interpretation of this Final Judgment. 13 sF-2679421 STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT