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1 For Defendant: <br /> 2 Robin R. Wilson, Esq. <br /> Senior Attorney <br /> 3 Luxottica Retail <br /> 4000 Luxottica Place <br /> 4 Mason, OH 45040 <br /> 5 Any Party may change the address for purpose of notices to that Party by a notice <br /> 6 specifying a new address, but no such change is effective until it is actually received by the <br /> 7 Party sought to be charged with its contents. All notices and other communications <br /> 8 required or permitted under this Consent Judgment that are addressed as provided in this <br /> 9 Paragraph are effective upon delivery if delivered personally or by overnight mail are <br /> 10 effective five (5) days following deposit in the United States mail, postage prepaid, if <br /> 11 delivered by mail. <br /> 12 9. EFFECT OF JUDGMENT <br /> 13 Except as expressly provided in this Consent Judgment, nothing in this Consent <br /> 14 Judgment is intended nor shall it be construed to preclude Plaintiff or any state agency, <br /> 15 department, board or entity, any county, or any Certified Unified Program Agency, <br /> 16 Participating Agency, Unified Program Agency or any other local agency from exercising <br /> 17 its authority under any law, statute, or regulation with respect to Defendant at the Covered <br /> 18 Facilities. <br /> 19 10. PLAINTIFF IS NOT LIABLE <br /> 20 Plaintiff shall not be liable for any injury or damage to persons or property resulting <br /> 21 from acts or omissions by Defendant, its directors, officers, employees, agents, <br /> 22 representatives or contractors in carrying out activities pursuant to this Consent Judgment, <br /> 23 nor shall Plaintiff be held as a parry to or guarantor of any contract entered into by <br /> 24 Defendant, its directors, officers, employees, agents, representatives or contractors in <br /> 25 carrying out activities required pursuant to this Consent Judgment. <br /> 26 11. NO WAIVER OF RIGHT TO ENFORCE <br /> 27 The failure of Plaintiff to enforce any provision of this Consent Judgment shall in <br /> 28 no way be deemed a waiver of such provision, or in any way affect the validity of this <br /> -10- <br /> 324/017851-0005 CONSENT AGREEMENT AND STIPULATION FOR <br /> 645783.01 a09/27/05 ENTRY OF FINAL JUDGMENT <br />