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1 4—4(p) above;and <br /> 2 c. Violating Chapter 6.95 of the Health and Safety Code described in paragraph <br /> 3 5 —5(e) above. <br /> 4 7. Defendant shall be penalized,as and for civil penalties,pursuant to Business and <br /> 5 Professions Code sections 17200 et seq.,TWENTY-FIVE THOUSAND DOLLARS ($25,000.00). <br /> 6 However,it is stipulated by all parties that the entire additional TWENTY-FIVE THOUSAND <br /> 7 DOLLARS ($25,000.00),in civil penalties shall be stayed for a period of three(3)years on the <br /> 8 following conditions: <br /> 9 a. Defendant will not violate Health and Safety Code sections 25280 et seq., as <br /> 10 described in paragraph 3—3(i) above; <br /> 11 b. Defendant will not violate Health and Safety Code sections 25100 et seq., as <br /> 12 described in paragraph 4—4(p) above; <br /> 13 c. Defendant will not violate Chapter 6.95 of the Health and Safety Code described in <br /> 14 paragraph 5—5(e)above;and <br /> 15 d. Defendant will not violate or engage in any of the unlawful acts of unfair <br /> 16 competition as set forth in the First, Second,and Third Causes of Action of the Complaint filed in <br /> 17 this action,as well as any other violations of the Business and Professions Code sections 17200 et <br /> 18 seq.,including but not limited to Health and Safety Code sections 25280 et seq.and 25100 et seq., <br /> 19 and Chapter 6.95 of the Health and Safety Code. <br /> 20 8. The stay of the civil penalties described in paragraph 7 above shall be lifted,and the Court <br /> 21 shall impose some or all of the penalties up to that amount on a showing by declarations presented by <br /> 22 the San Joaquin County Office of the District Attorney that Defendant violated Health and Safety <br /> 23 code sections 25280 et seq.,or Health and Safety Code sections 25100 et seq. or Chapter 6.95 of the <br /> 24 Health and Safety Code or Business and Professions Code sections 17200 et seq.,as described in <br /> 25 paragraphs 3,4,5, and 6 above. Any penalties or other relief sought by PIaintiff for such violations <br /> 26 or alleged violations shall be sought by noticed motion. Plaintiff shall notify Defendant in writing of <br /> 27 such alleged violations and shall meet and confer with Defendant within twenty(20)business days of <br /> 28 such written notice prior to filing any such motion. The Parties shall negotiate in good faith in an <br /> -6- <br /> PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION <br />