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2 <br />3 <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 />Ib <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 />corporate officer or employee knowledgeable in applicable California environmental laws that <br />are the subject of the First Amended Complaint, as an "Environmental Coordinator." The <br />Environmental Coordinator's responsibility shall be to oversee UHC's compliance with the <br />injunctive terms of this Consent Judgment, The duties of the Environmental Coordinator shall <br />include, collecting and maintaining copies of all NOVs issued or performed by the CUPAs <br />relating to UHC's Covered Facilities during the term of the injunctive provisions of this Consent <br />Judgment, and to otherwise oversee UHC's compliance program. <br />Beginning in 2010, and continuing for as long as the injunctive provisions set forth in the <br />Consent Judgment are in effect, UHC's Environmental Coordinator shall submit to the Court, <br />within seven (7) business. days of January 30th, with a copy to the People, an annual status report <br />which includes the following: a)' a description of UHC's program for compliance with the terms <br />of the injunctive provisions of this Consent Judgment; b) an explanation of any material change <br />made to the compliance program in the preceding year; c) a copy of all NOVs issued to UHC for <br />any UHC Covered Facility; d) an explanation of actions taken in response to such NOW and; e) <br />a list. of penalties paid. by, or on behalf of, UHC with respect to such NOW Each such annual <br />report shall be signed by UHC's Environmental Coordinator under penalty of perjury. <br />F. FORCE MAJEUkE <br />1. Any event (which may include an act or omission) that is beyond UHC's control <br />and that prevents UHC from timely performing its obligations under this Consent Judgment is a <br />Force Majeure event. In the event the parties agree, or the Court finds, that a Force Maj cure <br />event has occurred, UHC's compliance with the applicable provisions of this Consent Judgment <br />shall be excused. UHC shall exercise reasonable efforts to address the effects of any potential <br />Force Majeure event (1) as it is occurring and (2) following the Force Majeure event, such that <br />the delay is minimized. Force Majeure does not include UHC's financial inability to fund or <br />failure to complete any activity if such inability or failure could have been avoided by UHC's <br />compliance with preventative requirements imposed by any applicable law. <br />G. ENFORCEMENT OF CONSENT JUDGMENT <br />The People have the right to enforce this Consent Judgment as provided herein <br />8 <br />STIPULATION FOR ENTRY OF FINAL JUDGMENT ON CONSENT <br />An3087920. I <br />