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