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v. <br /> I 3.2.b KMART shall pay TWO MILLION FIVE HUNDRED THOUSAND <br /> 2 DOLLARS($2,500,000.00)for supplemental environmental projects identified in,and in accordance <br /> 3 with the terms of,Exhibit D,attached hereto and incorporated by reference. <br /> 4 3.3 Reimbursement of Costs of Investigation and Enforcement <br /> 5 On or before the date of approval by the Court of this Final Judgment,KMART shall pay <br /> 6 THREE HUNDRED THOUSAND DOLLARS($300,000.00),to the prosecuting agencies for partial <br /> 7 reimbursement of attorney's fees,costs of investigation,and other costs of enforcement incurred, <br /> 8 which shall be allocated to the entities identified in,and in accordance with the terms of,Exhibit E, <br /> 9 attached hereto and incorporated by reference. <br /> 10 3.4 Copy of Payments to Plaintiff's Representatives <br /> 11 KMART shall send a photocopy of all payments made by check,or an electronic <br /> 12 confirmation of any payment made by wire transfer,to each of the People's representatives <br /> 13 identified in paragraph 7,below,at the time of payment. <br /> IY <br /> 14 3.5 Late Payments s <br /> 15 KMART shall be liable for a stipulated civil penalty of$5,000.00 for each day that any <br /> 16 portion of any payment required pursuant to paragraphs 3.1 through 3.3 is paid beyond thirty(30) <br /> 17 days from the date on which the Court signs this Judgment,or for Stayed Penalty payments,for each <br /> 18 day beyond thirty(30)days from the date such payment is due as determined either by agreement of <br /> 19 the Parties or order of the Court. <br /> 20 4. INJUNCTIVE RELIEF <br /> 3 <br /> 21 Pursuant to the provisions of Health and Safety Code section 25516.2 and Business and X <br /> 22 Professions Code section 17203,KMART,its agents,successors and assigns(collectively"Enjoined t <br /> 23 Persons")are permanently enjoined from failing to comply with Chapters 6.5 and 6.95 of Division <br /> 24 20 of the Health and Safety Code and the regulations promulgated under these chapters,and the ' <br /> 25 requirements of the relevant Certified Unified Program Agencies("CUPAs")pertaining to these <br /> 26 laws at the Covered Facilities,and Future Facilities. Failure by any Enjoined Person to comply with <br /> 27 the specific injunctive provisions that follow may subject it to additional sanctions, including but not <br /> 28 limited to,contempt and additional penalties under California civil or criminal laws. <br /> r <br /> 5 <br /> sF-2679421 <br /> E <br /> STIPULATION FOR ENTRY OF FINAL JUDGMENT AND FINAL JUDGMENT <br />