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1 $25,000 for each day that the payments required pursuant to Paragraph 5.2 are not paid to <br /> 2 the specified entity in accordance with this Consent Judgment. <br /> 3 Any penalties or other relief sought by Plaintiff for alleged violations of this <br /> 4 Consent Judgment shall be sought by noticed motion. Plaintiff shall notify Defendant in <br /> 5 writing of such alleged violations, including providing the date, place and substance of the <br /> 6 alleged violation, and shall thereafter meet and confer with Defendant within twenty (20) <br /> 7 business days of such written notice prior to filing such motion. The Parties shall negotiate <br /> 8 in good faith in an effort to resolve any further penalty assessments or other relief pursuant <br /> 9 to this Paragraph without judicial intervention. Defendant reserves all defenses in law and <br /> 10 equity with regard to any such Enforcement of Judgment Claims, including the amount of <br /> 11 any penalties sought. <br /> 12 17. INTEGRATION <br /> 13 This Consent Judgment constitutes the entire agreement between the Parties and <br /> 14 may not be amended or supplemented except as provided for in the Consent Judgment. <br /> 15 18. MODIFICATION OF CONSENT JUDGMENT <br /> 16 This Consent Judgment may be modified only upon written consent by the Parties <br /> 17 hereto and the approval of the Court. <br /> 18 19. ENFORCEMENT OF JUDGMENT <br /> 19 In the event that a Party brings an action to enforce any of the terms of this Consent <br /> 20 Judgment, the prevailing Party shall be entitled to its reasonable costs of enforcement, <br /> 21 including attorney's fees and costs, including any costs for expert witness or other costs of <br /> 22 enforcement. - <br /> 23 20. PAYMENT OF LITIGATION EXPENSES AND FEES <br /> 24 Defendant shall pay its own attorney fees, expert witness fees and costs, and all <br /> 25 other costs of litigation incurred by Defendant to date. <br /> 26 21. INTERPRETATION <br /> 27 This Consent Judgment shall be deemed to have been drafted equally by all Parties <br /> 28 hereto. Accordingly, the Parties hereby agree that any and all rules of construction to the <br /> -12- <br /> 324/017851-0005 CONSENT AGREEMENT AND STIPULATION FOR <br /> 645783.01 a09/27/05 ENTRY OF FINAL JUDGMENT <br />