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LJ <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 />remedy that non-compliance. <br />6.2. Remedies and Sanctions <br />The Court has the authority to enjoin any violation of this Consent Judgment. <br />On the People's Enforcement Motion, where Paragraph 3.4.c. applies, the specific <br />Suspended Penalty provided in that Paragraph shall control. On the People's Enforcement <br />Motion, where Paragraph 3.4.c. does not apply and where the Court determines that Flying J has <br />violated the Consent Judgment, the Court will impose civil penalties as provided by law, <br />including, but not limited to, Business and Professions Code sections 17206 and 17207; for each <br />violation. In imposing civil penalties, the Court shall exercise its discretion to determine what <br />amount, if any, is appropriate, consistent with the law, except where such discretion is expressly <br />limited by law_ The Court retains, in addition, its power to enforce the Consent Judgment <br />through contempt. <br />7. MATTERS COVERED BY THIS CONSENT JUDGMENT <br />7.1. This Consent Judgment is a final and binding resolution and settlement of all <br />claims, violations or causes of action alleged by the People in the Complaint, and of all claims, <br />violations or causes of action related to the California Facilities which could have been asserted <br />by the People based on the facts that are the subject of the Complaint, against Flying J, its <br />employees, and its successors, heirs and assigns. The matters described in the previous sentence <br />are "Covered Matters." The Parties reserve the right to pursue any claim that is not a Covered <br />Matter ("Reserved Claim") and to defend against any Reserved Claim. Claims, violations or <br />causes of action against Flying J's independent contractors or subcontractors, if any, are not <br />resolved by this Consent Judgment, except for acts alleged in the Complaint that were performed <br />at Flying J's express direction. <br />7.2. Any claims, violations or causes of action that are not based on facts alleged in <br />the Complaint, including, but not limited to, any violations that do not relate to the California <br />Facilities, or occurred after August 21, 2008, are not resolved, settled or covered by this Consent <br />Judgment. <br />7.3. Notwithstanding any other provision of the Consent Judgment, any claims or <br />CONSENT JUDGMENT <br />15 <br />