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I THOUSAND DOLLARS ($25,000.00). However, it is stipulated by all parties that the entire 2 additional TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), in civil penalties shall be stayed 3 for a period of FIVE (5)years from the date of signing this document, on the following conditions: 4 a.Defendant will not violate Health and Safety Code section 25100 et seq., described 5 in paragraph 3-3b above; 6 b. Defendant will not violate Health and Safety Code section 25280 et seq., described 7 in paragraph 4-4p above. 8 c. Defendant will not violate or engage in any of the unlawful acts of unfair 9 competition as set forth in the Fust and Second Causes of Action of the complaint filed in this action 10 as well as any other violations of the Business and Professions Code sections 17200 et seq., including 11 but not limited to Health and Safety Code sections 25100 et seq. and 25280 et seq. 12 9. The TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) in civil penalties, described 13 in paragraph 8 above, shall immediately be due and payable as set forth in paragraph 8 above, if the 14 San Joaquin County Office of the District Attorney files declarations that Defendant violated Health 15 and Safety Code sections 25100 et seq., or 25280 et seq., or Business and Professions Code sections 16 17200.et seq., as described in paragraphs 3,4, or 5 above. Any penalties or other relief sought by 17 Plaintiff for such violations or alleged violations shall be sought by noticed motion. Plaintiff shall 18 notify Defendant in writing of such alleged violations and shall meet and confer with Defendant 19 withui twenty(20)business days of such written notice prior to filing any such motion. The Parties 20 shall negotiate in good faith in an effort to resolve any further penalty assessments or other relief 21 pursuant to this paragraph without judicial intervention. Defendants reserve all defenses in law and 22 equity. 23 10. The TWENTY FIVE THOUSAND DOLLARS ($25,000.00), described in paragraph 8 24 above, shall immediately be due and payable as follows: 25 a. If at any time over the next five years Defendant is alleged to have violated 26 Business and Professions Code sections 17200 et seq., as described in paragraphs 3, 4 or 5, above, 27 then the San Joaquin County District Attorney's Office will inform Defendant in writing of such 28 allegations including the specific Health and Safety Code(s) and California Code of Regulation(s) -5- PERMANENT INJUNCTION AND FINAL JUDGMENT PURSUANT TO STIPULATION