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1 HEALTH DEPARTMENT -ENVIRONMENTAL HEALTH DIVISION TRUST. Said <br />2 payments shall be delivered to the San Joaquin County Office of the District Attorney, <br />3 Environmental Prosecutions Unit, as follows: <br />4 $7,333.50, at time of signing <br />5 $13,333.50, on or before December 15, 2008 <br />6 $13,333.00, on or before June 15, 2009 <br />7 8. Defendants shall be penalized, as and for civil penalties, pursuant to Business and <br />8 Professions Code sections 17200 et seq., in addition to those civil penalties set forth in <br />9 paragraphs 6 and 7, ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00). <br />10 However, it is stipulated by all parties that the entire additional ONE HUNDRED TWENTY <br />z <br />11 THOUSAND DOLLARS ($120,000. ), in civil penalties shall be stayed for a period of three <br />12 (3) years on the following conditions: <br />13 a. Defendants will not violate Health and Safety Code sections 25100 et seq., as <br />14 described in paragraph 3 above; <br />15 b. Defendants will not violate Health and Safety Code sections 25280 et seq., as <br />16 described in paragraph 4 above; <br />17 c. Defendants will not violate or engage in any of the unlawful acts of unfair <br />18 competition as set forth in the First and Second Causes of Action of the complaint filed in this <br />19 action, as well as any other violations of the Business and Professions Code sections 17200 et <br />20 seq., including but not limited to Health and Safety Code sections 25100 et seq., and 25280 et <br />21 seq.. <br />22 Any such violation makes a portion of the stayed penalty immediately due and payable as <br />23 follows: <br />24 a. First violation, TWENTY THOUSAND DOLLARS ($20,000.00); <br />25 b. Second violation, an additional TWENTY THOUSAND DOLLARS <br />26 ($20,000.00); _ - - - <br />27 c. Third violation, an additional THIRTY-FIVE THOUSAND DOLLARS <br />28 ($35,000.00); <br />6 <br />PERMANENT INJiJNCTION AND FINAL JiJDGMENT PURSUANT TO STIPULATION