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t <br /> t <br /> 1 7.8 Any event that is beyond the control of Defendant and that prevents it from timely <br /> 2 performing any obligation under paragraph 4 of this Final Judgment,despite its good faith efforts to <br /> 3 fulfill that obligation,is a"force majeure"event. The requirement that Defendant act in good faith to- <br /> 4 fulfill the obligation includes the requirement that Defendant use its good faith efforts to anticipate <br /> 5 any potential force majeure event and use best efforts to address the effects of any potential force <br /> 6 majeure event: (1)as it is occurring,and(2)following the force majeure event,such that the delay is <br /> 7 minimized to the greatest extent possible. "Force majeure"does not include financial inability to <br /> 8 fund or complete the obligation. <br /> 9 8. NOTICE <br /> i <br /> 10 All submissions and notices required by this Final Judgment shall be sent to: <br /> 11 <br /> For the People: David J.Irey <br /> 12 Supervising Deputy District Attorney <br /> Office of the District Attorney of San Joaquin County <br /> 13 222 E.Weber Ave.,Room 202 <br /> 14 Stockton,CA 95202 <br /> 15 For Defendant: John Christopher Sullivan <br /> Associate General Counsel <br /> 16 Costco Wholesale Corporation <br /> Legal Department <br /> 17 999 Lake Drive <br /> 18 Issaquah,WA 98027 <br /> 19 With Copies to: Michael Jacob Steel <br /> Morrison&Foerster LLP <br /> 20 425 Market Street, 31st Floor <br /> San Francisco California 94105 <br /> 21 MSteel@mofo.com <br /> 22 Any Party may change its notice name and address by informing the other party in writing, <br /> 23 but no change is effective until it is received. All notices and other communications required or <br /> 24 permitted under this Final Judgment that are properly addressed as provided in this paragraph are <br /> 25 effective upon delivery if delivered personally or by overnight mail,or are effective five(5)days <br /> 26 following deposit in the United States mail,postage prepaid,if delivered by mail,or the day that <br /> 27 electronic mail is sent if sent before 5 p.m.to the electronic mail addresses of the designated <br /> 28 recipients for notice concurrent with sending the notice by overnight mail. <br /> 12 <br /> sf-3138122 Stipulation for Entry of Final Judgment and Permanent Injunction <br />