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6. Defendant shall pay to Plaintiff the sum of TEN THOUSAND DOLLARS ($10,000.00), as and for civil penalties, pursuant to Business and Professions Code sections 17200 et seq. Said payments shall be made payable to the TREASURER OF SAN JOAQUIN COUNTY and delivered to the San Joaquin County Office of the District Attorney, Environmental Prosecutions Unit, on or before MARCH 1, 2014. 7. Defendant shall be penalized, as and for civil penalties, pursuant to Business and Professions Code sections 17200 et seq., in addition to those civil penalties set forth in paragraphs 5 and 6, FORTY THOUSAND DOLLARS ($40,000.00). However, it is stipulated by all parties that the entire additional FORTY THOUSAND DOLLARS ($40,000.00), in civil penalties shall be stayed for a period of five (5) years on the following conditions: Defendant will not violate Health and Safety Code sections 25100 et seq., as described in paragraph 3 above; Defendant will not violate or engage in any of the unlawful acts of unfair competition as set forth in the First and Second Causes of Action of the Complaint filed in this action. 8. The FORTY THOUSAND DOLLARS ($40,000.00) in civil penalties, described in paragraph 7 above, shall immediately be due and payable as set forth in paragraph 7 above, a judicial determination has been made that Defendants violated Health and Safety code sections 25100 et seq. or Business and Professions Code sections 17200 et seq., as described in paragraphs 3 and 4 above. Any penalties or other relief sought by Plaintiff for such violations or alleged violations shall be sought by noticed motion and supporting Declarations. Plaintiff shall notify Defendant in writing of such alleged vidlations and shall meet and confer with Defendant within twenty (20) business days of such written notice prior to filing any such motion. The Parties shall negotiate in good faith in an effort to resolve any farther penalty assessments or other relief pursuant to this paragraph without judicial intervention. Defendant reserves all defenses in law and equity. 9. If all the conditions listed in paragraph 7 above are met, then five (5) years from the filing date of this document, the stayed penalty shall be suspended permanently. 10. Defendant shall additionally pay to Plaintiff the sum of EIGHT THOUSAND ONE - 3 - PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 94 25 26 27 '73