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I limited to Health and Safety Code sections 25280 et seq.. <br /> 2 8. The TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500.00) in civil <br /> 3 penalties, described in paragraph 7 above, shall immediately be due and payable as set forth in <br /> 4 paragraph 7 above, if the San Joaquin County Office of the District Attorney files Declarations that <br /> 5 Defendant violated Health and Safety code sections 25280 et seq. or Business and Professions Code <br /> 6 sections 17200 et seq., as described in paragraphs 3 above. Any penalties or other relief sought by <br /> 7 Plaintiff for such violations or alleged violations shall be sought by noticed motion. Plaintiff shall <br /> 8 notify Defendant in writing of such alleged violations and shall meet and confer with Defendant <br /> 9 within twenty (20) business days of such written notice prior to filing any such motion. The Parties <br /> 10 shall negotiate in good faith in an effort to resolve any fin-ther penalty assessments or other relief <br /> 11 pursuant to this paragraph without judicial intervention. Defendant reserves all defenses in law and <br /> 12 equity. <br /> 13 9. If all the conditions listed in paragraph 7 above are met, then five(5)years from the filing <br /> 14 date of this document, the stayed penalty shall be suspended permanently. <br /> 15 10. If Defendant sells the business within the five (5) year stayed penalty period to an entity <br /> 16 not a family member,then the stayed penalty shall be suspended permanently. <br /> 17 11. Defendant shall additionally pay to Plaintiff the sum of ONE THOUSAND SIX <br /> 18 HUNDRED EIGHTY-SEVEN DOLLARS AND FIFTY CENTS ($1,687.50) as partial recovery of <br /> 19 the cost of investigation and suit incurred by the SAN JOAQUIN COUNTY ENVIRONMENTAL <br /> 20 HEALTH DEPARTMENT. Said payment shall be due and pa aceto the aforementioned agency, <br /> 21 and shall be delivered to the San Joaquin County Office of the District Attorney, Environmental <br /> 22 Prosecutions Unit, on or before February 1, 2013. <br /> 23 12. Defendant shall additionally pay to Plaintiff the sum of TWO THOUSAND DOLLARS <br /> 24 ($2,000.00)as partial recovery of the cost of investigation and suit incurred by the San Joaquin <br /> 25 County Office of the District Attorney. Said payment shall be due and pa able to the <br /> 26 aforementioned agency, and shall be delivered to the San Joaquin County Office of the District <br /> 27 Attorney, Environmental Prosecutions Unit, on or before February 1, 2013. <br /> 28 13. Defendant is responsible for the uniform fee for fling the first paper in a civil action or <br /> -4- <br /> PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION <br />