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2 <br />3 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />applied to relieve Defendants of their existing obligations to provide copies of documentation to a <br />local agency or CUPA as required by statute, regulation, or requirement. <br />NO WAIVER OF RIGHT TO ENFORCE <br />18. The failure of Plaintiff to enforce any provision of this Final Judgment shall in no way be <br />deemed a waiver of such provision, or in any way affect the validity of this Final Judgment. The <br />failure of Plaintiff to enforce any such provision shall not preclude Plaintiff from later enforcing <br />the same or any other provision of this Final Judgment during the period that provision of the <br />Final Judgment remains in effect. No oral advice, guidance, suggestions or comments by <br />employees or officials of any Party'regarding matters covered in this Final Judgment shall be <br />construed to relieve any Party of its obligations required by this Final Judgment. <br />MATTERS RESOLVED BY TRIS FINAL JUDGMENT <br />19. This Final Judgment is a final and binding resolution and settlement as to the Covered <br />Parties and the Covered Matters as defined below_ Except for the obligations of Defendants that <br />are (1) expressly set forth in this Final Judgment; (2) set forth in the "Final Judgment in Its <br />Entirety and Injunction" entered in the matter of People v Equilon Enterprises LLC, et al., San <br />Diego County Superior Court Case No. GTC 855036; and, (3) set forth in the "Final Judgment <br />and Injunction" entered in the matter of People v Equilon Enterprises LLC, et al., Riverside <br />County Superior Court Case No. RIC 457554, Plaintiff hereby covenants not to sue or pursue any <br />further civil or administrative claims against the Covered Parties for the Covered Matters. Any <br />claim, violation, or cause of action that is not a Covered Matter is a "Reserved Claim." Reserved <br />Claims include, without limitation, any violation that occurs after the effective date of this Final <br />Judgment, and any claim, violation, or cause of action directly against Defendants' independent <br />contractors or subcontractors. The Parties reserve the right to pursue any Reserved Claim and <br />reserve the right to assert any defenses against any Reserved Claim; provided, however, that in <br />any subsequent action that may be brought by Plaintiff to enforce any Reserved Claims, <br />Defendants, collectively or individually, shall not assert, plead or raise against Plaintiff in any <br />fashion any defense or avoidance based on splitting of claims. <br />15 <br />Final Judgment and Injunction <br />