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COMPLIANCE INFO_2020
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PR0538664
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COMPLIANCE INFO_2020
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Last modified
6/23/2020 8:45:02 AM
Creation date
6/4/2020 8:32:41 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2200 - Hazardous Waste Program
File Section
COMPLIANCE INFO
FileName_PostFix
2020
RECORD_ID
PR0538664
PE
2220
FACILITY_ID
FA0000833
FACILITY_NAME
Save Mart #386
STREET_NUMBER
1172
Direction
N
STREET_NAME
MAIN
STREET_TYPE
St
City
Manteca
Zip
95336
APN
218-210-100-000
CURRENT_STATUS
01
SITE_LOCATION
1172 N Main St
P_LOCATION
04
P_DISTRICT
003
QC Status
Approved
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EHD - Public
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1 7.3 In any subsequent action that may be brought by the People based on any Reserved <br /> 2 Claim, Defendant agrees that it will not assert that failing to pursue the Reserved Claim(s) as part <br /> 3 of this action constitutes claim-splitting. This Paragraph does not affect any statute of limitations, <br /> 4 if any, which may be applicable to any Reserved Claim(s) otherwise excluded from this Final <br /> 5 Judgment and does not prohibit Defendant from asserting any statute of limitations or other legal <br /> 6 or equitable defenses that may be applicable to any Reserved Claim(s). <br /> 7 7.4 In the event litigation is filed by an entity or person that is not a party to this action <br /> 8 against Defendant or any affiliates arising out of or related to a Covered Matter, Defendant may, <br /> 9 within thirty(30) days following service of such litigation, notify the People of such litigation. <br /> 10 Upon such timely notice, the People will undertake a good faith effort to determine whether the <br /> 11 subsequent litigation is barred by the terms of this Final Judgment and the principle of res <br /> 12 judicata. If the People determine that the subsequent litigation is barred by the terms of this Final <br /> 13 Judgment and the principle of res judicata,the People may appear in person or in writing in such <br /> 14 subsequent litigation to explain the People's view of the effect of this Final Judgment on such <br /> 15 litigation and the People will not oppose Defendant in arguing that the subsequent litigation is <br /> 16 barred by the principle of res judicata.No language in this paragraph will preclude Defendant <br /> 17 from asserting in any subsequent litigation any and all applicable legal and equitable defenses <br /> 18 regarding compliance with any provision in this Final Judgment or the laws or regulations cited in <br /> 19 this Final Judgment or cited in the Complaint, including, but not limited to, res judicata. <br /> 20 7.5 The provisions of paragraph 7.1 are effective on the date of entry of the Final <br /> 21 Judgment. The continuing effect of paragraph 7.1 is expressly conditioned on Defendant's full <br /> 22 payment of the amounts due under this Final Judgment. <br /> 23 7.6 Paragraph 7.1 does not limit the ability of the People to enforce the terms of this Final <br /> 24 Judgment. <br /> 25 7.7 Defendant covenants not to pursue any civil or administrative claims against the People <br /> 26 or against any agency of the State of California, any county or city in the State of California or <br /> 27 any CUPA, Participating Agency or local agency(collectively "Agencies"), or against any of <br /> 28 their officers, employees, representatives, agents or attorneys, arising out of or related to any <br /> 12 <br /> STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION <br />
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