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1 Covered Matter; provided,however,that if any Agencies initiate claims against Defendant, <br /> 2 Defendant reserves any and all rights, claims, demands and defenses against such Agencies. <br /> 3 7.8 Any event that is beyond the control of Defendant and that prevents it from timely <br /> 4 performing any obligation under Paragraphs 4 and 5 of this Final Judgment, despite its best <br /> 5 efforts to fulfill that obligation, is a"force majeure"event. The requirement that Defendant <br /> 6 exercise its"best efforts to fulfill the obligation" includes the requirement that Defendant use its <br /> 7 best efforts to anticipate any potential force majeure event and use best efforts to address the <br /> 8 effects of any potential force majeure event: (1) as it is occurring, and (2) following the force <br /> 9 majeure event, such that the delay is minimized to the greatest extent possible. "Force majeure" <br /> 10 does not include financial inability to fund or complete the obligation. <br /> 11 8. NOTICE <br /> 12 All submissions and notices required by this Final Judgment shall be sent to: <br /> II <br /> 1' For the People: <br /> 14 <br /> David J. Irey <br /> 15 Supervising Deputy District Attorney <br /> Office of the District Attorney of San Joaquin County <br /> 16 222 E. Weber Ave., Room 202 <br /> 17 Stockton, CA 95202 <br /> David.Irey@sjcda.org <br /> 18 <br /> For Defendant Save Mart: <br /> 19 <br /> Eric J.Nadworny <br /> 20 Chief Human Resources and Legal Officer <br /> 21 Save Mart Supermarkets <br /> 1800 Standiford Ave. <br /> 22 Modesto, CA 95350 <br /> enadwomy@savemart.com <br /> 23 <br /> 24 With a copy to: <br /> Stephen F. Boutin <br /> 25 Shareholder <br /> BOUTIN JONES, INC <br /> 26 555 Capitol Mall, Suite 1500 <br /> Sacramento, CA 95814 <br /> 27 sboutin@boutinjones.com <br /> 28 <br /> 13 <br /> STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION <br />