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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />I2 <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 />action for the supplemental environmental compliance measures identified in, and in accordance <br />with, the terms of Exhibit E, attached hereto and, by this reference, made part of this Stipulation <br />and the Final Judgment entered in this action. <br />ENFORCEMENT AND LIABILITY <br />FOR NONCOMPLIANCE BY DEFENDANTS <br />11. The provisions in this Final Judgment will be enforceable only by the Parties hereto. <br />(a) If Plaintiff believes that Defendants failed to comply with any of the injunctive <br />relief provisions set forth in Paragraph 7 of this Stipulation and the Final Judgment entered in this <br />action, Plaintiff may at any time serve a Notice of Deficiency on Defendants pursuant to <br />Paragraph 16 below that, to the extent available information allows, (1) identifies the specific <br />instance and dates of non-compliance, (2) identifies proposed action(s) that Defendants might <br />take to remedy that non-compliance, if the non-compliance is alleged to be ongoing, and <br />(3) requests that Defendants remedy the non-compliance. If, after a reasonable cure period, as <br />determined by Plaintiff, Plaintiff believes that Defendants remain deficient in compliance with the <br />Final Judgment entered in this action, Plaintiff may move this Court to enjoin the actions of <br />Defendants to prevent any further violation of Paragraph 7 of this Stipulation and of the Final <br />Judgment, and/or for sanctions, contempt or other relief as provided by law for violation of the <br />Final Judgment. <br />(b) If Plaintiff believes that Defendants have failed to comply with any of the <br />injunctive relief provisions set forth in Paragraph 6 of this Stipulation and the Final Judgment <br />entered in this action, Plaintiff may at any time serve a Notice of Deficiency on Defendants <br />pursuant to Paragraph 16 below that, to the extent available information allows, (1) identifies the <br />specific instance and dates of non-compliance, (2) identifies proposed action(s) that Defendants <br />might take to remedy that non-compliance, if the non-compliance is alleged to be ongoing, and <br />(3) requests that Defendants remedy the non-compliance; provided, however, that nothing <br />contained in the provisions of this Stipulation or the Final Judgment entered in this action shall <br />require Plaintiff to serve any notice on Defendants for violations of the statutory and/or regulatory <br />provisions set forth in Paragraph 13.a., 13.u., 13.x., 13.bb., 13,hh., 131k., 13.00., 13.gq., 13.vv., <br />12 <br />Stipulation for Entry of Final Judgment and Permanent Injunction <br />