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0 0 <br /> 1 the Complaint in this matter or which could have been asserted, according to statute, by or <br /> 2 through the People of the State of California based on the specific facts alleged in the <br /> 3 Complaint against- Defendant and its subsidiaries, corporate parents, each of its affiliates <br /> 4 and parents, successors, heirs, assigns, and its officers, directors, partners, employees, <br /> 5 representatives, agents, and property owners. In the event that litigation is filed by an <br /> 6 entity which is not a party to this action against Defendant based upon a claim, violations <br /> 7 or causes of action alleged by the Complaint in this matter, or which could have been <br /> 8 asserted based on the specific facts alleged in the Complaint, Defendant shall notify <br /> 9 Plaintiff within thirty (30) days of service of such litigation on Defendant. After notice, <br /> 10 upon request by. Defendant, Plaintiff will appear in such subsequent litigation to explain <br /> 11 the effect of this Consent Judgment. If Plaintiff determines that the subsequent litigation is <br /> 12 barred by the Consent Judgment, Plaintiff will support Defendant, including filing <br /> 13 appropriate declarations with the court in arguing that the subsequent litigation is barred by <br /> 14 the principle of res judicata. <br /> 15 7.2. The provisions of Paragraph 7.1 are expressly conditioned on Defendant's <br /> 16 full payment of the civil penalty and costs by the deadlines specified in paragraph 5.2 of <br /> 17 this Consent Judgment. <br /> 18 7.3 Paragraphs 7.1 and 7.2 have no effect on the ability of Plaintiff to enforce the <br /> 19 terms of the Consent Judgment. Moreover, this Court retains exclusive jurisdiction to <br /> 20 address any future claims for injunctive relief, penalty assessments, or other relief against <br /> 21 Defendant arising from or related to any alleged or actual violations of the Consent <br /> 22 Judgment. <br /> 23 7.4 The matters which are addressed as set forth in Paragraph 7.1 or which are <br /> 24 subject to this Court's continuing jurisdiction pursuant to paragraph 7.3 are a "Covered <br /> 25 Matter." <br /> 26 7.5 Any violations of law, statute, regulation or ordinance which are based on <br /> 27 facts not expressly alleged by the Complaint or addressed as a Covered Matter are not <br /> 28 resolved, settled, or covered by this Consent Judgment. <br /> -8- <br /> 3211011111,1111 <br /> 8-3211017811-1111 CONSENT AGREEMENT AND STIPULATION FOR <br /> 645783.01 a09/27/05 ENTRY OF FINAL JUDGMENT <br />