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1 corporate officer or employee knowledgeable in applicable California environmental laws that 2 are the subject of the First Amended Complaint, as an"Environmental Coordinator." The 3 Environmental Coordinator's responsibility shall be to oversee UHC's compliance with the 4 injunctive terms of this Consent Judgment, The duties of the Environmental Coordinator shall 5 include,collecting and maintaining copies of all NOVs issued or performed by the CLTPAs 6 relating to LJHC's Covered Facilities during the term of the injunctive provisions of this Consent 7 Judgment, and to otherwise oversee UHC's compliance program. 8 Beginning in 2010, and continuing for as long as the injunctive provisions set forth in the 9 Consent Judgment are in effect,UHC's Environmental Coordinator shall submit to the Court, 10 within seven(7)business.days of January 30th,with a copy to the People, an annual status report 11 which includes the following: a)'a description of UHC's program for compliance with the terms 12 of the injunctive provisions of this Consent Judgment;b) an explanation of any material change 13 made to the compliance program in the preceding year; c) a copy of all NOVs issued to UHC for 14 any UHC Covered Facility; d) an explanation of actions taken in response to such NOW and; e) 15 a list.of penalties paid.by, or on behalf of,UHC with respect to such NOW Each such annual 16 report shall be signed by UHC's Environmental Coordinator under penalty of perjury. 17 F. FORCE MAJEUkE 18 1. Any event(which may include an act or omission) that is beyond UHC's control 19 and that prevents UHC from timely performing its obligations under this Consent Judgment is a 20 Force Majeure event. In the event the parties agree, or the Court finds,that a Force Maj cure 21 event has occurred,UHC's compliance with the applicable provisions of this Consent Judgment 22 shall be excused. UHC shall exercise reasonable efforts to address the effects of any potential 23 Force Majeure event(1) as it is occurring and(2) following the Force Majeure event, such that 24 the delay is minimized. Force Majeure does not include UHC's financial inability to fund or 25 failure to complete any activity if such inability or failure could have been avoided by TJHC's 26 compliance with preventative requirements imposed by any applicable law. 27 G. ENFORCEMENT OF CONSENT JUDGMENT J 28 1 The People have the right to enforce this Consent Judgment as provided herein 8 STIPULATION FOR ENTRY OF FINAL JUDGMENT ON CONSENT An3087920.I