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k 1 I Stipuleod ScttlementAgreementand Final Judgment and Permanent Tnjunction on Consent pursuant 2. to a compromise and settlement of disputed claims for purposes of furthering the public interest. 3 S. If at any time over the next five (5) years, the. People allege that Forward has violated any 4 provisions of the Injunctions as described in Paragraph 3 above, then the San Joaquin County District 5 Attorney's Office shall inform counsel for Forward in writing of such allegations including the specific statute, law, ordinance and/or code which Porwaid is alleged to have violated. Upon receipt 6 of the written notice, Forward shall have thirty (30) days to investigate the allegations. If Forward 7 disputes, the allegations or that a violation or violations exists for which Forward is substantially 8 responsible, then Forward shall .submit to the San Joaquin County District Attorney's Office written q documentation and/or testimony and/or other evidence setting forth why it violation or violations did 10 not occur and/or Forward defenses and/or explanations. Based upon the evidence presented, and after meeting and conforriag with Forward's 11 attorneys) and/or repress ntative(s), if the San ;Joaquin County District Attorney's Office still 12 maintains that the allegations against Forward are substantiated, both the San Joaquin County District 13 Attorney's Office and Forward's attorncy(s) and/or represcniative(s) shall submit their respective 14 positions, arguments and evidenco to the Court on a noticed motion after providing notice of the 15 hearing to Forward's attomay(s) and/or representative and the opportunity to file an opposition, and 16 any evidence related thereto. 17 If the Court determines that Forward is responsible for committing a violation or violations of the Permanent Injunction as described above in Paragraph. 3, the Court may in its discretion find that l Forward violated the terms of the lnj,mction as set forth herein and may award penalties for 19 individual violations which cumulatively shall not exceed the amount of the Stayed Penalties to the 20 People as follows: 21 In considering whLther to i;npasc such civil penalties and in determining the extent thereof, 22 the Court shall be guided by the civil penalty provisions set forth in California Public Resources 23 Code, California Health and Safety Code and Business and Professions Code. Commencing on the date this Final Judgment and Permanent Injunction On Conscnt is entered by the Court (the 24 "Effective Date"), and for the first twelve (12) month period following the entry of Judgment, the 25 amount of the Stayed Civil Penalty is $400,000 for any violations occurring during that twelve (12) 26 Iniontliperlod. During the second twelve (12) month period following the entry of Judgment, the 27 1 amount of the Stayed Civil Penalty shall be reduced, such that the total amount ofthC Stayed Civil 28 Penalty will be $255,000.00 for any violations Occurring since the Effoctiva Date. During the third I Stipulated Settlemant, Consent Judgment and Injunction 3 %300/9000 Z 00599MOZ YVd Rd 60:Z 9TUM/90