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1 <br />Z <br />3 <br />4 <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 />($45,000.00); <br />d. Fourth violation, an additional FORTY-FIVE THOUSAND DOLLARS <br />e. Multiple Violations may occur from a single inspection <br />9. The ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00) in civil <br />penalties, described in paragraph 8 above, shall immediately be due and payable as set forth in <br />paragraph 8 above, if the San Joaquin County Office of the District Attorney files Declarations <br />that Defendants violated Health and Safety code sections 25100 et seq., or 25280 et seq. or <br />Business and Professions Code sections 17200 et seq., as described in paragraphs 3, 4, and 5 <br />above. Any penalties or other relief sought by Plaintiff for such violations or alleged violations <br />shall be sought by noticed motion. Plaintiff shall notify Defendants in writing of such alleged <br />violations and shall meet and confer with Defendants within twenty (20) business days of such <br />written notice prior to filing any such motion. The Parties shall negotiate in good faith in an <br />effort to resolve any further penalty assessments or other relief pursuant to this paragraph without <br />judicial intervention. Defendants reserve all defenses in law and equity. <br />10. If all the conditions listed in paragraph 8 above are met, then three (3) years from the <br />filing date of this document, the stayed penalty shall be suspended permanently. <br />11. Defendants shall additionally pay to Plaintiff the sum of SEVEN THOUSAND <br />3 <br />FIFTY-SIX DOLLARS ($7,056. ) as partial recovery of the cost of investigation and suit <br />incurred by the SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT. <br />Said payment shall be due and payable to the aforementioned agency, and shall be delivered to <br />the San Joaquin County Office of the District Attorney, Environmental Prosecutions Unit, at time <br />of signing. <br />12. Defendants shall additionally pay to Plaintiff the sum of FOUR THOUSAND NINE <br />HUNDRED FORTY-FOUR DOLLARS ($4,944.00) as partial recovery of the cost of <br />investigation and suit incurred by the San Joaquin County Office of the District Attorney. Said <br />payment shall be due and pa aby le to the aforementioned agency, and shall be delivered to the San <br />Joaquin County Office of the District Attorney, Environmental Prosecutions Unit, at time of <br />signing. <br />7 <br />PERMANENT INJUNCTION AND FINAL JiJDGMENT PURSUANT TO STIPULATION