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6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />.12 <br />13 <br />14 <br />!S <br />16 <br />17 <br />11 <br />19 <br />20 <br />21 <br />22 ' <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />twelve (12) month period following the entry of Judgment, the amount of the Stayed Civil Penalty <br />shall be reduced, such that the total amount of the Stayed Civil Penalty will be $135,000,00 for any <br />violations Occurring since the Effective pate, Thar0a#Zer, the amount of the Stayed Civil Penalty <br />shall be reduced to zero, for any violations occurring since the Effective Date. Under no <br />circumstances shall the cumulative amount of any and all civil penalties imposed by the Court <br />PUN,U t to this Stipulated Settlement Agreement, Final Judgment and Permanent [naunction on <br />Consent exceed $400,000.00. <br />6. Forward shall pay to the People the sum of EIGHTY-SEVEN THOUSAND DOLLARS <br />($87,000.00), for the partial costs of investigation incurred by the San Joaquin County Environmental <br />Health Department. Said payments shall be made payable to the SAN JOAQU'IN COUNTY <br />ENVIRONMENTAL HEALTH DEPARTMENT and delivered to the Sant Joaquin County Office of <br />the District Attomey, Environmental Prosecutions Unit, at time of signing. <br />7. porward shall additionally pay to the People the story of THIRTY-EIGHT TITOUsAND <br />DOLLARS ($38,000.00), for the partial costs of investigation and suit incurred by the San Joaquin <br />County O iec of the DistrictAttotney, Said payment shall be due and payable to and delivered to <br />the San Joaquin County Office; of the District Attonicy, Environmental Prosecutions Unit, at tine of <br />signing. <br />8. Forward covenants not to pursuc ally civil or administrative claims for monetary relief <br />against the Peaop)c or against any agencies in the State of California, any agencies or departrnents of <br />San Joaquin County, or against their officers, employees, representatives, agents or a.tiorneys arising <br />out of or related to any of the allegations in the Complaint. <br />9. This Stipulated Settlement Agreement, Final Judgment arid. Permanent Injunction On <br />Consent is a final and binding resolution And settlement of all claims, violations or causes of action <br />illeged by the People in the Complaint (attached as Exhibit A) and any claims that could have been <br />elleged based on known conduct, including any and all such claims occurring subsequent to the ;Ming <br />�f the Complaint and through and including February 14, 2012. <br />10 -Nothing in this Stipulated Settlement Agreement, final Judgment and Permanent <br />Injunction On Consent shall constitute or be construed as a satisfaction or release of liability for any <br />conditions or claims arising as a result of past, current, or future; claims as except as provided in this <br />Stipulated SettIeiuent Agreetnient, Final Judgment and Permanent Injunction On Consent. <br />11. Forward and Allied shall not seek their costs, att6rney,s fees, investigatory costs, expert <br />witness fees or other costs of litigation from the people, <br />Stipulated Scttlemene, Consent ]"udgment and Injunction <br />t300/9000 in 002999t60Z XVd Rd OT:Z ZT09/CZ/80 <br />