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2 <br />3 <br />0 <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 />enforcement action against Defendants for the alleged statutory or regulatory violation embodied <br />in Paragraph 6 of this Final Judgment. A violation by Defendants of the provisions imposed by( <br />Paragraph 6 of this Final Judgment shall be considered a claim separate and in addition to any <br />claim that may be made by Plaintiff, the CUPAs, or other enforcement agencies for a violation by <br />Defendants of the underlying statutory or regulatory requirements, which may be enforced <br />separately in another proceeding. For potential violations of Paragraph 6, the Office of the <br />Attorney General, when acting in its independent capacity on behalf of the People of the State of <br />California, agrees that if it elects to pursue an enforcement action, it will seek monetary relief <br />against Defendants in the form of sanctions for violation of this Final Judgment or judicial/civil <br />penalties for the underlying statutory or regulatory violation, but not both. In addition, if the <br />Attorney General, when acting in its independent capacity on behalf of the People of the State of <br />California, seeks monetary relief pursuant to this Paragraph and a CUPA or other enforcement <br />agency in a separate action seeks the imposition of judicial or administrative civil penalties for the <br />same underlying statutory or regulatory violation having to do with the same course of conduct, <br />Defendants shall be entitled to offset against any monetary penalties awarded to the Attorney <br />General that amount of penalties awarded to the CUPA or other enforcement agency for the same <br />underlying statutory or regulatory violation having to do with the same course of conduct. <br />(c) The parties agree to meet and confer prior to the filing of any motion to assess <br />penalties pursuant to this Paragraph, and further agree to negotiate in good faith in an effort to <br />resolve any penalty assessments pursuant to this Paragraph without judicial intervention. <br />However, in the event Plaintiff files such a motion, Defendants reserve and retain all rights and <br />defenses to oppose Plaintiff's motion, including the right to contest that Defendants are in <br />violation of this Final Judgment. <br />(d) Except for the matters covered in Paragraphs 19-21 below and those matters that <br />Plaintiff in its discretion chooses to present to the Court pursuant to Paragraph 11(a) or (b) above, <br />nothing in this Final Judgment shall restrict or condition the ability of Plaintiff, the CUPAs, or <br />other enforcement agencies to separately administer or enforce state laws or regulations, County <br />Codes, or the provisions of any order or permit issued by the CUPAs. <br />12 <br />Final Judgment and Injunction <br />