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I and consented to the entry of this Final Judgment and Permanent Injunction prior to the taking of any <br /> 2 proof and without trial or adjudication of any fact or law herein. The Parties hereby also waive their <br /> 3 right to appeal. <br /> 4 3. DEFINITIONS <br /> 5 Except where otherwise expressly defined in this Final Judgment, all terms shall be <br /> 6 interpreted consistent with Health and Safety Code section 25100 et seq. (Hazardous Waste Control <br /> 7 Law), section 25500 et seq. (Hazardous Materials Release Response Plans and Inventory Law), <br /> 8 section 117600 et seq, (Medical Waste Management Act), and the regulations promulgated under <br /> 9 these sections. <br /> 10 "Certified Unified Program Agency"or"CUPA" is defined in Health and Safety Code <br /> 11 sections 25123.7(b)and 25404(a), and means the agency that,pursuant to Chapter 6.11 of Division <br /> 12 20 of the Health and Safety Code, and Title 27 of the California Code of Regulations, is certified by <br /> 13 the California Environmental Protection Agency with the jurisdictional responsibility and authority <br /> 14 to implement and enforce certain state environmental program requirements specified in Health and <br /> 15 Safety Code section 25404(c)(1). <br /> 16 "Facilities"means the stores, including distribution centers,that Defendants currently own or <br /> 17 operate in California,and all other stores that Defendants own or operate in California subsequent to <br /> 18 the effective date of this Final Judgment. Exhibit A-1 lists the stores and distribution centers that <br /> 19 SMART&FINAL STORES LLC, currently owns or operates, and formerly owned or operated, in <br /> 20 California. Exhibit A-2 lists the stores that CASH&CARRY STORES LLC, currently owns or <br /> 21 operates, and formerly owned or operated, in California. <br /> 22 "Participating Agency"means an agency that has been designated by the CUPA to administer <br /> 23 one or more state environmental programs on behalf of the CUPA. <br /> 24 4. INJUNCTIVE RELIEF <br /> 25 4.1. Applicability <br /> 26 The provisions of this Injunction are applicable to Defendants, including their successors and <br /> 27 assigns, and to Defendants' Facilities. Notwithstanding any other provision in this Final Judgment, <br /> 28 nothing in this Final Judgment shall extend to Defendants' facilities outside the State of California. <br /> -3- <br /> STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION <br />