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1 6 .4 The continuing effect of paragraph 6 . 1 is expressly conditioned on Defendant' s payment <br /> 2 and expenditure of all amounts required under this Final Judgment and compliance with the <br /> 3 injunctive terms herein. <br /> 4 6 . 5 . Paragraph 6 . 1 does not limit the ability of the People to enforce the terms of this Final <br /> 5 Judgment on Consent. <br /> 6 6 . 6 . Defendant, on behalf of itself and its officers, directors and employees, covenants not to <br /> 7 pursue any civil or administrative claims against the People or against any agency of the State of <br /> 8 California, any county, or city in the State of California, or any UPA, Participating Agency or local <br /> 9 agency (collectively "Agencies"), or against any of their officers , employees, representatives , agents <br /> 10 or attorneys, arising out of or related to any Covered Matter; provided, however, that if any Agencies <br /> 11 initiate claims against Defendant that are independent of the claims asserted in this action, Defendant <br /> 12 reserves any and all rights , claims, demands and defenses against such Agencies . <br /> 13 6 . 7 . Any event that is beyond the control of Defendant and that prevents timely performance <br /> 14 of any obligation under Paragraph 4 of this Final Judgment, despite its best efforts to fulfill that <br /> 15 obligation, is a "force majeure" event. The requirement that Defendant exercise its "best efforts to <br /> 16 fulfill the obligation" includes the requirement that Defendant use its best efforts to anticipate any <br /> 17 potential force majeure event and use best efforts to address the effects of any potential force <br /> 18 majeure event: ( 1 ) as it is occurring, and (2) following the force majeure event, such that the delay <br /> 19 is minimized to the greatest extent feasible. "Force majeure" does not include financial inability to <br /> 20 fund or complete an obligation. <br /> 21 7. NOTICE <br /> 22 All submissions and notices required by this Final Judgment shall be sent to : <br /> 23 For the People: <br /> 24 Celeste Kaisch <br /> Deputy District Attorney <br /> 25 San Joaquin County District Attorney' s Office <br /> 222 .E. Weber Ave . , Room 202 <br /> 26 Stockton, CA 95202 <br /> celeste.kaisch(a�jcda. or <br /> 27 <br /> i <br /> 28 <br /> I <br /> 13 <br /> STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION <br />