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I Consent Judgment. The failure of the Plaintiff to enforce any such provision shall not <br /> 2 preclude it from later enforcing the same or any provision of this Consent Judgment. No <br /> 3 oral advice, guidance, suggestions or comments by employees or officials of any Party <br /> 4 regarding matters covered in this Consent Judgment shall be construed to relieve any Party <br /> 5 of its obligations required by this Consent Judgment. <br /> 6 12. REGULATORY CHANGES <br /> 7 Nothing in this Consent Judgment shall excuse Defendant from meeting any <br /> 8 different requirements which may be imposed hereafter by changes in applicable and <br /> 9 legally binding legislation or regulations. <br /> 10 13. APPLICATION OF CONSENT JUDGMENT <br /> 11 This Consent Judgment shall apply to and be binding upon Plaintiff, Defendant and <br /> 12 the successors or assigns of each of them. <br /> 13 14. AUTHORITY TO ENTER CONSENT JUDGMENT <br /> 14 Each signatory to this Consent Judgment certifies that he or she is fully authorized <br /> 15 by the Party he or she represents to enter into this Consent Judgment, to execute it on <br /> 16 behalf of the Party represented and legally to bind that Party. <br /> 17 15. CONTINUING JURISDICTION <br /> 18 The Court shall retain continuing jurisdiction to enforce the terms of this Consent <br /> 19 Judgment, to address any other matters arising out of or regarding this Consent Judgment <br /> 20 and to enable any Party to apply to the Court at any time for the modification or <br /> 21 termination of the injunctive provisions herein. <br /> 22 16. LIABILITY FOR NONCOMPLIANCE BY DEFENDANT <br /> 23 Plaintiff may move this Court to enjoin Defendant from any violation of any <br /> 24 provision of this Consent Judgment and for civil penalties for violation of the Consent <br /> 25 Judgment ("Enforcement of Judgment Claims"). Upon a determination by this Court, <br /> 26 Defendant shall be liable for civil penalties as provided by law, including but not limited to <br /> 27 Business and Professions Code section 17206, for each violation of the provisions of the <br /> 28 Consent Judgment,-except that Defendant shall be liable for a stipulated civil penalty of <br /> -11- <br /> 324/017851-0005 CONSENT AGREEMENT AND STIPULATION FOR <br /> 645783.01 a09/27/05 ENTRY OF FINAL JUDGMENT <br />