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FA <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />4.8.j, Flying J at all times shall have in place and shall implement a business <br />emergency plan for emergency response to a release or threatened release of a hazardous <br />material at each of its California as required by Health and Safety Code section 25503.5 <br />4.8.k. Flying J at all times shall have in place and shall submit to the <br />Administering Agency (as defined in Health and Safety Code sections 25501 and 25502) a <br />complete hazardous materials business plan as required by Health and Safety Code sections <br />25504 and 25505 and California Code of Regulations, title 19, section 2729 <br />4.8.1. Flying J at all times, shall have at least one employee either on the facility <br />premises or on call (i. a., available promptly to respond to an emergency at the facility) with the <br />responsibility for coordinating all emergency response measures relating to hazardous wastes <br />("Emergency Coordinator") as required by California Code of Regulations, title 22, section <br />66265.55. <br />5. FORCE MAJEURE <br />51. Any event (which may include an act or an omission) that is beyond Flying J's <br />control and that prevents Flying J from timely performing any obligation under Paragraphs 4.1. <br />through 4.8. of this Consent Judgment, despite Flying.J's best efforts, is a "Force Majeure" <br />event. The requirement that Flying J exercise its best efforts obligates Flying J to address the <br />effects of any potential Force Majeure event (1) as it is occurring, and (2) following the Force <br />Majeure event, such that the delay is minimized. Force Majeure does not include Flying J's <br />financial inability to fund or complete the obligation or circumstances that Flying J could have <br />avoided if it had complied with preventative requirements imposed by law, regulation or <br />ordinance. <br />5.2. If any Force Majeure event occurs that may prevent or delay Flying J's <br />performance of any obligation under Paragraphs 4.1. through 4.8. of this Consent Judgment, <br />within ten (10) business days of when Flying J .first receives notice of the event, Flying J shall <br />provide to the People a written explanation and description of the event; the anticipated duration <br />of any delay; all actions Flying J has taken or will take to prevent or minimize the delay and a <br />schedule of such actions; and the rationale for categorizing the event as a Force Majeure. In <br />CONSENT JUDGMENT <br />13 <br />