RECEIVED VENTUFA t. SUPERIOR COTJRT

sEP 24 2020 1 GREGORY D. TOTTEN w District Attorney of Ventura County 2 MITCHELL F. DISNEY, SBN 138114 a Senior Attorney J Deputy District 5720 Ralston Street, No. 300 s*Xrt[l'BAr*" 4 Ventura, CA 93003 FILED Telephone: (805) 662-17 06 5 Email : mitch. disney@ventura. org ocl 26 20?0 _MICI.{AEI- D. FI.AIVET 6 Attorneys for Plaintffi People of the State of California Executive Officer and Cterk -"MB"ffttBY: 7 [,4dditional Plaintiff's counsel listed as signatoriesJ 8 SUPERIOR COURT OF CALIFORNIA 9 COI.INTY OF VENTURA 10 ll THE PEOPLE OF THE STATE OF Case No. 56-2020-00545627-CU-MC-VTA CALIFORNIA, l2 STIPULATION FOR ENTRY OF FINAL Plaintiff, JUDGMENT AND PERMANENT 13 TNJLTNCTTON AND IPRgZ6SEDI V ORDER t4 BED BATH BEYOND, INC., 15 & a New York corporation, Exemptfromfees per Gov. Code, f 6103 16 Defendant. 17

18

t9 Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA, generally appearing through

20 its attorneys, Gregory D. Totten, District Attorney of Ventura County; Nancy E. O'Malley, District

21 Attorney of Alameda County; Michael Ramsey, District Attorney of Butte County; Diana Becton,

22 District Attorney of Contra Costa County; Lisa A. Smittcamp, District Attorney of Fresno County;

23 Maggie Fleming, District Attorney of Humboldt County; Gilbert Otero, District Attorney of

24 Imperial Cor.rnty; Cynthia J. Zimmer, District Attorney of Kern County; Michael N. Feuer, City

25 Attomey of Los Angeles; Jackie Lacey, District Attorney of Los Angeles County; Lori Frugoli,

26 District Attorney of Marin County; Jeannine M. Pacioni, District Attorney of Monterey County;

27 Allison Haley, District Attorney of Napa County; Todd Spitzer, District Attorney of Orange

28 County; Morgan Briggs Gire, District Attorney of Placer County; Michael A. Hestrin, District

-l- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER q

1 Attorney of Riverside County; Anne Marie Schubert, District Attorney of Sacramento County;

2 Jason Anderson, District Attorney of San Bernardino County; Summer Stephan, District Attorney

3 of San Diego County; Chesa Boudin, District Attorney of San Francisco County; Tori Verber

4 Salazar, District Attorney of San Joaquin County; Dan Dow, District Attorney of San Luis Obispo

5 County; Stephen M. Wagstaffe, District Attorney of San Mateo County; Joyce E. Dudley, District

6 Attorney of Santa Barbara County; Jeffrey F. Rosen, District Attorney of Santa CIara County;

7 Stephanie A. Bridgett, District Attorney of Shasta County; Krishna A. Abrams, District Attorney of

8 Solano County; Jill R. Ravitch, District Attorney of Sonoma County; Birgit Fladager, District

9 Attorney of Stanislaus County; Amanda L. Hopper, District Attorney of Sutter County; Tim Ward,

10 District Attorney of Tulare County; and Jeff W. Reisig, District Attorney of Yolo County

11 (collectively,"the People"); and Defendant, BED BATH & BEYOND, INC., generally appearing

12 through its attorneys, Morgan, Lewis & Bockius LLP, by Gregory T. Parks and Collie F. James,

13 IV, hereby stipulate and agree as follows:

14 1. This Court may enter this Stipulation for Entry of Final Judgment and Permanent

l5 Injunction and Order ("Final Judgment") before the taking of any proof and without trial or

16 adjudication of any fact or law;

17 2. This Court has subject matter jurisdiction over the matters alleged in this action and

18 personal jurisdiction over the parties to this Final Judgment;

t9 3. This Final Judgment fulfills the People's enforcement objectives and is a fair and

20 reasonable resolution of the matters alleged in the People's Complaint;

2t 4. Entry of this Final Judgment is not an admission or denial by Defendant regarding

22 any issue of law or fact in the above-captioned matter or of any violation of any law;

23 5. This Final Judgment shall be binding upon the People and upon Defendant; and

24 6. The People and Defendant (collectively, "the Pafties") waive any right to set aside

25 the Final Judgment through any collateral attack, and further waive their right to appeal from the

26 Final Judgrnent.

27 NOW THEREFORE, the People and Defendant having requested that this Court enter this

28 Final Judgment, and the Court having considered the Stipulation for Entry of Final Judgment and

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STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER I

1 Permanent Injunction and fproposed] Order reached between the Parties, IT IS HEREBY

2 ORDERED, ADJUDGED, AND DECREED as follows:

J 1. JURISDICTION

4 This Court has subject matter jurisdiction over the matters alleged in this action and

5 personal jurisdiction over the Parties to this Final Judgment.

6 2. SETTLEMENT OF DISPUTED CLAIMS

7 This Final Judgment is a fair and reasonable resolution of the Covered Matters (as defined

8 in Paragraph 6 below) and is in the best interests of the public.

9 3. DEFINITIONS

10 Except where otherwise expressly defined in this Final Judgment, all terms shall be

11 interpreted consistently with Health and Safety Code section 25100 et seq. (Hazardous Waste

12 Control Law), section 25500 et seq. (Hazardous Materials Release Response Plans and Inventory

13 Law), and the regulations promulgated under these sections.

l4 "Certified Unified Program Agency" or "CUPA" is defined in Health and Safety Code

15 sections 25123.7(b) and25404(a), and means the agency that, pursuant to Chapter 6.11 of Division

t6 20 of the Health and Safety Code, and Title 27 of the California Code of Regulations, is certified

l7 by the California Environmental Protection Agency with the jurisdictional responsibility and

18 authority to implement and enforce certain state environmental program requirements specified in

I9 Health and Safety Code sectiot25a04@)(l).

20 "Facilities" means the retail stores listed in Exhibit A that Defendant formerly or currently

21 owns or operates, and all other Bed Bath & Beyond, Harmon, Harmon Face Values, buybuy

22 BABY, World Market, Cost Plus World Market, and Cost Plus retail stores within the State of

23 California that Defendant, or any respective successor corporation or assignee, owns or operates

24 subsequent to the effective date of this Final Judgment.

25 "Participating Agency" means an agency that has been designated by the CUPA to

26 administer one or more state environmental programs on behalf of the CUPA.

27

28

-3- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INLINCTION; ORDER I

I 4. INJUNCTIVE RELIEF

2 4.1. Applicability

J The provisions of this injunction are applicable to Defendant and its successors and assigns,

4 and to all persons, partnerships, corporations and other entities that have Direct Operational

5 Control over Defendant's regulated-waste program and thatare subject to the jurisdiction of the

6 courts in the State of California, and that are acting under, on behalf of, or at the direction of

7 Defendant or its successors or assigns with notice of this injunction. "Direct Operational Control"

8 shall be interpreted to mean active participation in and authority over the operation of any

9 regulated-waste program in any of the Facilities located in the State of California.

10 4.2. General Injunctive Provision

11 Pursuant to the provisions of Health and Safety Code sections 25181,25515.6, and

12 25515.8, and Business and Professions Code section17203, Defendant is permanently enjoined

l3 from violating Chapters 6.5 and 6.95 of Division 20 of the Health and Safety Code and the

l4 regulations promulgated under these chapters. Notwithstanding any other provision in this Final

15 Judgment, nothing in this Final Judgment shall relieve Defendant from prospectively complying

I6 with any and all applicable laws and regulations, nor shall any term of this Final Judgment extend

t7 to Defendant's facilities outside the State of California.

18 4,3. Specific Injunctive Provisions

t9 Pursuantto Healthand Safety Code sections 25181,25515.6,and25515.8, andBusiness

20 and Professions Code section 17203, Defendant is enjoined, restrained, and prohibited from doing

2t any of the following:

22 4.3.a. Disposing, or causing the disposal, of hazardous waste at a point not authorizedby

L-) law, in violation of Health and Safety Code section25189 or 25189.2;

24 4.3.b. Transporting, or causing to be transported, any hazardous waste to an unauthorized

25 location in California, in violation of Health and Safety Code section25I89.5, subdivision (c);

26 4.3.c. Transporting, transferring custody of, or causing to be transported in Californiaany

27 hazardous waste unless the transporter is registered to transport hazardous waste, in violation of

28 Health and Safety Code section25l63;

-4- STIPULATION FOR ENTRY OF FINAL ruDGMENT AND PERMANENT INUNCTION; ORDER 1 4.3 .d. Failing to determine if a waste generated at the Facilities is a hazardous waste, in

2 violation of California Code of Regulations, title 22, sections 66262.11 and 66260.200(c);

J 4.3.e. Failing to properly manage, identifu the date of accumulation, and label containers of

4 hazardous waste at the Facilities, in violation of California Code of Regulations, title 22, section

5 66262.34;

6 4.3,f. Failing to lawfully and timely dispose of allhazardous waste accumulated at each of

7 the Facilities, in violation of California Code of Regulations, title 22, section 66262.34;

8 4.3.g.Unlawfully storing, handling, or accumulatinghazardous waste, in violation of

9 Health and Safety Code section25123.3 and California Code of Regulations, title 22, sections

10 66262.3 4 and 66265.17 3 ;

11 4.3.h. Failing to conduct inspections of hazardous waste storage areas at each of the

I2 Facilities, in violation of California Code of Regulations, title 22, sections 66262.34 and

13 66265.174;

14 4.3.i. Failing to timely cause to be prepared and filed with the Department of Toxic

15 Substances Control ("DTSC") a uniform hazardous waste manifest ("manifest") for all hazardous

t6 waste that is transported, or submitted for transportation, for offsite handling, treatment, storage, l7 disposal, or any combination thereof from any of the Facilities, in violation of Health and Safety

18 Code section25l60(b)(3) or California Code of Regulations, title22, section 66262.23;

19 4.3.j. Failing to contact the owner or operator of a facility designated by Defendant to

20 receive a shipment of hazardous waste, to determine the status of the hazardous waste, in the event

2t Defendant does not receive a copy of the manifest signed by all transporters of the hazardous waste

22 and the receiving-facility's operator within thirty-five (35) days of the date the waste was accepted

Z) by the initial transporter, in violation of Health and Safety Code section 25160(b)(3) and California

24 Code of Regulations, titIe22, section 66262.42;

25 4.3.k. Failing to timely notify the DTSC by filing an exception report in the event of failure

26 by a treatment, storage, or disposal facility to provide any executed manifest, in violation of Health

27 and Safety Code section 25160(b)(3) and California Code of Regulations, title22, section

28 66262.42;

-5- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER 4.3.1. Failing to maintain copies of hazardous waste manifests for three (3) years, in

2 violation of California Code of Regulations, title 22, section 66262.40;

J 4.3.m.Unlawfully failing to segregate incompatiblehazardous waste items, in violation of

4 California Code of Regulations, title22, section 66265.177;

5 4.3.n. Failing to comply with employee training obligations pertaining to the handling of

6 hazardous waste at the Facilities, in violation of California Code of Regulations, title 22, section

7 66265.16 and 40 C,F.R, section 262.16(b)(9)(iii);

8 4.3.o. Failing to properly manage, mark, and store universal waste at each of the Facilities,

9 in violation of the standards for universal waste management found in California Code of

10 Regulations, title 22, sections 66273 .33 through 66273.36; or in the alternative, failing to manage

11 such waste as hazardous waste as required by Chapter 6.5 and its implementing regulations in

12 California Code of Regulations, title22, including, but not limited to, section 66262.34;

13 4.3.p. Failing to keep a record of each shipment ef universal waste sent from any of the

14 Facilities, in violation of California Code of Regulations, title 22, section 66273.39; or in the

15 alternative, failing to manage such waste ashazardous waste in violation of Chapter 6.5 and its

16 implementing regulations in California Code of Regulations, title22, including, but not limited to,

17 section 66262.34;

l8 4.3.q,.Failing to treat returned or discarded non-empty aerosol cans at the Facilities as

19 universal waste or hazardous waste, in violation of California Code of Regulations, title 22, section

20 66273.1 et seq.;

2t 4.3.r. Failing to establish, implement or submit to the responsible CUPA, a hazardous

22 rnaterials business plan for each of the Facilities, in violation of Health and Safety Code sections

23 255A5,25507, and 25508, and California Code of Regulations, title 19, section 2650;

24 4.3.s. Failing to implement, maintain, and comply with an employee training program on

25 hazardous materials in violation of Health and Safety Code section25505(a)(4), and California

26 Code of Regulations, title 19, section 2659; and

27

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-6- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER I 4.3.1. Failing to immediately report any release or threatened release of a reportable

2 quantity of any hazardous material from any of the Facilities into the environment, in violation of

3 Health and Safety Code section255l0.

4 4,4, Compliance Assurance Program

5 Pursuant to the provisions of Health and Safety Code section25181,25515.6,25515,8 and

6 Business and Professions Code section 11203, and to ensure compliance with Paragraphs 4.2 and

7 4.3, inclusive, above, Defendant shall implement the following compliance assurance programs:

8 4.4.a. Durnpster-Audit Program. Defendant shall, for a period of five years commencing

9 on the effective date of this Final Judgment, conduct, on an annual basis, independent third-party

10 audits of dumpsters and compactors at the lesser of ten (10) percent or eighteen (18) of the

11 California stores currently owned or operated by Defendant, which shall be selected on a

12 rotationally random basis within a given geographic area each year to cover the various

t3 geographic areas of the state giving due consideration to landfill/transfer station access and

14 availability, resources of the independent third party, and scheduling restrictions, such that

i5 although in any given year the audits may be done in a specific geographic area, eachyear's audits

t6 shall be in a different geographic area than the year before. Defendant shall provide notice to the t7 People's representatives as set forth in Exhibit B at least two court days prior to any waste audit

18 contemplated per this paragraph to allow the People the option to send an observer. t9 4.4.a.1. In the event any independent third-party audit finds the waste examined in

20 the audit was placed by Defendant in violation of California Health and Safety Code

2l Chapters 6.5 andlor 6.95 of Division 20 of the California Health and Safety Code, and the

22 regulations prornulgated under these chapters, Defendant shall within ninety (90) days of

23 the finding, provide a written reminder to every store mana ger atthe facility where the

24 violation is found with instructions to provide it to every employee involved in the

25 disposition of returns or handling of regulated waste. That written reminder shall instruct

26 thathazardous waste is not to be disposed of except through the Defendant's regulated

27 waste management program.

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-7- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER t

1 4.4.a.2. In the event any independent third-party audit finds fifty percent (50%) or

2 more of the stores inspected in any calendar year to have one or more violations described

a J in paragraph4.2 and/or 4.3 above, Defendant shall, within ninety (90) days of the finding,

4 provide a written reminder to every store manager in the State of California with

5 instructions to provide it to every employee involved in the disposition of returns or

6 handling of regulated waste. That written reminder shall instruct that hazardous waste is not

7 to be disposed of except through the Defendant's regulated waste management program.

8 4.4.a.3. Defendant shall identifr and retain the independent third-party auditor

9 within sixty (60) days of the approval by the Court of this Final Judgment and shall serve

10 each person listed in Exhibit B with a statement identifying the name, address and telephone

11 number of the independent third-party auditor. Defendant may retain a different third-party

12 auditor at any time and shall serve each person listed in Exhibit B with a statement

13 identifying the name, address and telephone number of the new independent third-party

t4 auditor.

15 4.4.a.4. Defendant shall serve a statement prepared by the independent third-party

16 auditor on each person listed in Exhibit B within ninety (90) days following each dumpster

l7 or compactor waste audit, which deadline may be extended by agreement of the parties in

18 the event of extenuating circumstances. The statement shall identify the facility location

I9 audited and the date on which the audit was conducted. Audit results will be used by

20 Defendant to monitor the success of programs and training designed to reduce improper

21 disposal of regulated waste. The service required by this paragraphmay be by email.

22 4.4.b. Training. Defendant shall ensure that all employees at the Facilities are thoroughly

23 familiar with proper waste handling and emergency procedures, relevant to their responsibilities

24 during normal facility operation and emergencies, and shall maintain proof of the training required

25 by California Code of Regulations, title 22, section 66265.16, for each employee responsible for

26 hazardous waste management at the Facilities, as follows:

27 4.4.b.1. Defendant shall require employees to participate in a training program to

28 famlliaize them with hazardous waste handling and emergency procedures, relevant to the

-8- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER I employee's responsibilities during normal operations and emergencies, within six (6)

2 months of hire. Employees shall not work in positions lacking direct supervision until they

Ja have completed such training program.

4 4.4.b.2. For any training conducted in accordance with 4.4.a,4.4.a.1 - 4.4.a.3, and

5 4.4.b.1,Defendant shall maintain documentation sufficient to identiff which employees

6 received training and on what dates. Defendant shall maintain that information in electronic

7 form such that it will track which employees need the training at the appropriate times

8 pursuant to California Code of Regulations, title 22, seclion 66265.16, and that less than one

9 year has elapsed since the employee last received the required training. Defendant shall

10 maintain any documentation for a period of five (5) years from the date the training was

11 conducted, in a manner that allows retrieval of the records upon request by governmental

l2 inspection within five (5) business days.

13 4.4.b.3. Defendant shall, for a period of five (5) years commencing on the effective

t4 date of this Final Judgment, promptly make available upon request by any CUPA Inspector,

15 peace officer, agent of the Department of Justice, California Environmental Protection

I6 Agency, the DTSC, or District Attorney, all training records maintained for each Facility. In t7 the event such records are not available during a governmental inspection, Defendant shall

18 provide such records to the requesting body within five (5) business days.

T9 4.4.b.4. To the extent any of Defendant's Facilities generates more than 1,000

20 kg/month of hazardous waste, or I kg/month of acutehazardous waste, or 100 kg/month of

2t acute spill residue or soil, Defendant shall additionally comply with the personnel training

22 requirements contained in California Code of Regulations, title 22, section 66265.16, to the

23 extent applicable, for that particular Facility's employees.

24 4.4.c, California Compliance Employee. Defendant shall employ, for at least five (5) years

25 from the effective date of this Final Judgment, at least one full-time employee who is responsible

26 for supporting environmental compliance at the Facilities (the "California Compliance

27 Employee"). Defendant shall designate the California Compliance Employee within sixty (60) days

28 of the approval by the Court of this Final Judgment and shall serve each person listed in Exhibit B

-9- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER

I with a statement identifying the name and title of the California Compliance Employee. Defendant

2 may designate arcplacement California Compliance Employee at any time and shall serve each

J person listed in Exhibit B with a statement identifying the name, address and telephone number of

4 the new California Compliance Employee within thirty (30) days of the change. The California

5 Compliance Employee shall: be familiar with the requirements of this Final Judgment; work in

6 collaboration with other employees to oversee Defendantos hazardous waste and hazardous

7 materials compliance program with appropriate delegation to other employees while retaining

8 responsibility; and ensure compliance with the injunctive terms of this Final Judgment. The

9 California Compliance Employeemay be a current employee of Defendant, may have

10 responsibilities additional to those described herein, and may be based outside of California

l1 including at Defendant's headquarters in New Jersey; provided, however, that the California

12 Compliance Employee effectively implements the duties outlined in paragraphs 4,4.c.1 and2,

13 below.

T4 4.4.c.7. The California Compliance Employee's responsibilities shall include

15 ensuring compliance with the injunctive terms of this Final Judgment; ensuring compliance t6 with respect to the training required under California law and the terms of this Final

I7 Judgment; and, beginning on the date of entry of this Final Judgment, reviewing copies of all l8 hazardous materials business plans and hazardous waste inspection reports, notices of

19 violation, notices to comply, and return to compliance statements, if any, issued to or

20 submitted on behalf of the Facilities.

2l 4.4.c.2 Compliance Certification. Within 60 days after the end of each year of the

22 first five-(5) year period set forth in Paragraph 4.4.c, Defendant shall provide the persons

23 listed in Exhibit B with a statement certifying Defendant's compliance with paragraphs 4.4.c

24 and 4.4.c.I of this Final Judgment. The statement shall include a summary description of the

25 actions taken by the California Compliance Employee in the previous year, and a copy of all

26 hazardous materials business plans reviewed in the previous yeff andhazardous waste

27 inspection reports, notices of violation, notices to comply and return to compliance

28 statements, if any, issued to or submitted on behalf of the Facilities during the prior year. The

-10- STIPULATION FOR ENTRY OF FINAL ruDGMENT AND PERMANENT INUNCTION; ORDER 1 Facilities shall be instructed to make available a copy of all such records to the California

2 Compliance Employee. The statement shall be signed by the California Compliance

J Employee and shall include the following certification:

4 "I certiff under penalty of law that I have personally examined and. am familiar with the information submitted in this document and all 5 documents submitted herewith and that, to the best of my knowledge and 6 belief, including but not limited to information based on records maintained in the ordinary course of business, the submitted information 7 is true, accurate, and complete.tt

8 5. CIVIL PENALTIES, SUPPLEMENTAL ENVIRONMENTAL PROJECTS, AND 9 COSTS

10 5.1. Civil Penalties

l1 Within twenty-one (21) business days after entry of this Final Judgment, Defendant shall

t2 pay ONE MILLION TWENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($1,027,500)

13 as civil penalties pursuant to Health and Safety Code sections 25189 and 25515 and Business and

t4 Professions Code section 17206, in accordance with the terms of Exhibits C-l and C-2.

15 5.2, Supplemental Environmental Projects

16 Within twenty-one (21) business days after entry of this Final Judgment, Defendant shall

17 pay ONE HUNDRED SEVENTY-ONE THOUSAND TWO HTINDRED AND FIFTY DOLLARS

18 ($17I,250) for supplemental environmental projects identified in, and in accordance with the terms

T9 of, Exhibit D.

20 5.3. Reimbursement of Costs of Investigation and Enforcement

2t Within twenty-one (21) business days after entry of this Final Judgment, Defendant shall

22 pay THREE HLINDRED THOUSAND DOLLARS ($300,000) for reimbursement of attorney's

23 fees, costs of investigation, and other costs of enforcement, to the entities identified in, and in

24 accordance with the terms of Exhibits E-l and E-2.

25 5.4. Payments and Expenditures

26 The payment of civil penalties, reimbursement of costs, and other expenditures set forth in

27 Paragraphs 5.I,5.2, and 5.3, above, shall be made by separate checks payable as provided in

28

- 11* STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INLTNCTION; ORDER 1 Exhibits C-|, C-2, D, E-l andE-2, and delivered to the District Attorney's Office for the County of

2 Ventura, Attention: Mitchell F. Disney, for distribution pursuant to the terms of this Final

J Judgment.

4 6. MATTERS COVERED BY THIS FINAL JUDGMENT

5 6.1. This Final Judgment is a final and binding resolution and settlement of all claims,

6 violations and causes of action arising from the matters and allegations set forth in the Complaint

7 as to Defendant's Facilities through and until September 3,2019 (o'Covered Matters").

8 6.2. Any claim, violation, or cause of action that is not a Covered Matter is a "Reserved

9 Claim." Reserved Claims include, without limitation, any violation that occurs after September 3,

10 2019; any claim, violation, or cause of action against Defendant's independent contractors or

1l subcontractors; and separate and independent violations arising out of matters or allegations that

T2 are not set forth in the Complaint, whether known or unknown. Reserved Claims also include any

l3 claims or causes of action against Defendant for performance of cleanup, corrective action, or

I4 response action for any actual past or future releases, spills, or disposals ofhazardous waste or

15 hazardous substances that were caused or contributed to by Defendant at or from any of l6 Defendant's Facilities.

17 6.3. In any subsequent action that may be brought by the People based on any Reserved

18 Claim, Defendant cannot assert that failing to pursue any Reserved Claim as part of this action t9 constitutes claim-splitting. This Paragraph does not affect any statute of limitations, if any, which

20 may be applicable to any Reserved Claim, and does not prohibit Defendant from asserting any

2t statute of limitations or other legal or equitable defenses thatmay be applicable to any Reserved

22 Claim.

23 6.4. Defendant covenants not to pursue any civil or administrative claims against the

24 People or against any agency of the State of California, or any county or city in the State of

25 California, or any CUPA, Participating Agency or local agency (collectively, "Agencies"), or

26 against any of their officers, employees, representatives, agents, or attorneys, arising out of or

27 related to any Covered Matter and arising before September 3, 2019; provided, however, that if any

28

*12- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER 1 Agencies initiate claims against Defendant, Defendant retains any and all rights and defenses

2 against such Agencies.

J 7. EFFECT OF FINAL JUDGMENT

4 Except as expressly provided in this Final Judgment, nothing in this Final Judgment is

5 intended, nor shall it be construed, to preclude the People or any state, county, city or local agency,

6 department, board, or CUPA from exercising its authority under any law, statute, or regulation.

7 8. NO WAIVER OF RIGHT TO ENFORCE

8 The failure of the People to enforce any provision of this Final Judgment shall neither be

9 deemed a waiver of such provision nor in any way affect the validity of this Final Judgment. The

10 failure of the People to enforce any such provision shall not preclude them from later enforcing the

11 same or any other provision of this Final Judgment. Except as expressly provided in this Final

l2 Judgment, Defendant retains all defenses to any such later enforcement action.

I3 9. INTERPRETATION

t4 This Final Judgment shall be deemed to have been drafted equally by ail Parties hereto.

15 Accordingly, any and all rules of construction holding that ambiguity is construed against the

I6 drafting party shall not apply to the interpretation of this Final Judgment. l7 10. INTEGRATION l8 This Final Judgment constitutes the entire agreement between the Parties and may not be t9 amended or supplemented except as provided for herein. No oral advice, guidance, suggestions, or

20 comments by employees or officials of any Party shall be construed to relieve any Party of its

2t obligations under this Final Judgment. No oral representations have been made or relied upon other

22 than as expressly set forth herein.

23 11. FUTURE REGULATORY CHANGES

24 Nothing in this Final Judgment shall excuse Defendant from meeting any more-stringent

25 requirement that may be imposed by applicable existing law or by any change in the applicable

26 law. To the extent any future statutory or regulatory change makes Defendant's obligations less

27 stringent than those provided for in this Final Judgment, Defendant's compliance with the changed

28

-13- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER 1 law shall be deemed compliance with this Final Judgment; however, any change in law or

2 regulation shall not reduce or diminish Defendant's obligations to comply with Paragruph 4.4.

3 12. TERMINATION OF COMPLIANCE PROGRAM

4 Defendant's obligations to engage in a compliance program pursuant to Paragraph 4.4 of

5 this Final Judgment shall terminate five (5) years after the effective date of this Final Judgment,

6 provided that Defendant first demonstrates that it has paid all amounts owed per Exhibits C-|, C-2,

7 D, E-1, andE-2.

8 13. NOTICES

9 Unless otherwise specified in this Final Judgment, all notices under this Final Judgment

10 shall be made in writing, by both email and mail, and addressed to the persons identified in Exhibit

11 B. Any Party may, by written notice to the other Parties, change its designated notice recipient or

t2 notice address. l3 14. CONTINUINGJURISDICTION

I4 The Court shall retain continuing jurisdiction to enforce the injunctive terms of this Final

15 Judgment and to address any other matters arising out of or regarding this Final Judgment. The

16 Parties shall meet-and-confer at least ten (10) business days prior to the filing of any application or

17 motion relating to enforcement of this Final Judgment, and shall negotiate in good faith in an effort

18 to resolve any dispute without judicial intervention; provided, however, that the ten (10) day period

19 referenced above shall be shortened to five (5) business days regarding any alleged violation of

20 Paragraph 4.3 through 4.3.t., inclusive, of this Final Judgment, If the Parties are unable to resolve

2l their dispute after meet-and-confer discussions, any Party may move this Court seeking a

22 resolution of that dispute by the Courl. The meet-and-confer procedure shall not apply to any

23 emergency relief that the People may seek, in its sole discretion, related to the enforcement of the

24 Final Judgment.

25 15. ABILITY TO INSPECT AND COPY RECORDS AND DOCUMENTS

26 Defendant shall permit any duly authorized representative of the People to inspect and copy

27 records and documents they deem reasonably necessary to determine compliance with the terms of

28

-14- STIPULATION FOR ENTRY OF FINAL ruDGMENT AND PERMANENT INUNCTION;ORDER I this Final Judgment. This paragraph shall not limit the People's authority to access or obtain

2 information, records, and documents pursuant to any other statute or regulation.

J 16. PAYMENT OF LITIGATION EXPENSES AND FEES

4 Defendant shall make no request of the People to pay its attorney fees, expert witness fees

5 and costs, or any other costs oflitigation or investigation it incurred to date.

6 I7. COUNTERPARTSIGNATURES

7 The stipulation for entry of this Final Judgment may be executed by the Parties in

8 counterparts. For purposes of this Final Judgment, facsimile signatures shall be deemed originals,

9 and the parties agree to exchange original signatures as promptly as possible.

10 18. INCORPORATION OF EXHIBITS

1l Exhibits "A" through"E-2" are incorporated herein by reference. t2 19. MODIFICATION

t3 The injunctive provisions of this Final Judgment may be rnodified only on noticed motion

14 by one of the parties with approval of the Cour1, or upon written consent by all of the Parties and

15 the approval of the Court. t6 20. TERMINATION OF PERMANENT INJUNCTION t7 At any time after this Final Judgment has been in effect for five (5) years, and provided

18 Defendant has paid and expended all amounts required under the Final Judgment, the Defendant

I9 may move to terminate the injunctive provisions in Paragraphs 4.2 and 4.3 pursuant to Code of

20 Civil Procedure section 533 and Civil Code section3424. After this Final Judgment has been in

21 effect for seven (7) years and, provided Defendant has paid and expended all amounts required

22 under the Final Judgment, the injunctive provisions in Paragraphs 4.2 and 4.3 will terminate

23 automatically.

24 2T. EFFECTIVE DATE OF FINAL JUDGMENT

25 This Final Judgment shall become effective upon execution and filing by the court. The

26 Parties waive notice of entry ofjudgment.

27

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- 15 - STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INLINCTION; ORDER I IT IS SO STIPULATED.

2 FOR I'HE PEOPLE:

3 GREGORY D. TOTTEN, District Attomey County of Ventura, State of Catifornia 4

5 DATED By: 6 F Senior Deputy 7 Attorney 8 NANCY E. O'MALLEY, District Counfy of A lameda, State of 9 a

10 DATED: By: KENNETH A MIFSUD 11 Assistant District AttorneY t2 MICHAEL RAMSEY, District Attorney 13 Counfy of Buttq State of Califomia I4 t l5 DATED: sl.r,l za -f -l ROBERT E. t6 Deputy District AttorneY t7 DIANA BECTON, District AttomeY l8 County of Contra Costa, State of Califonria I9

20 DATED By STACEY N. GRASSIM 2l Senior Deputy District AttorneY 22 LISA SMITTCAMP, District AttorneY 23 County of Fresno, State of California 24

)\ DATED By ADAM J. KOOK 26 Deputy District Attorney

27

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- 16- STIPIJLATION FOR ENTRI'OF FINAL JUDGMENT AND PERMANENT INTINCTION; ORDER I IT IS SO STIPULATED.

2 FORTHE PEOPLE:

J GREGORY D. TOTTEN, Disrrict Attorney Counfy of Ventura, State 4 of Califomia

5 DATED: By: 6 MITCHELL F. DISNEY Senior Deputy District Attomey 7

8 NANCY E. O'MALLEY, District Attorney County of Alameda, State of California 9 l0 DATED By: l1 KENNETH A. MIFSUD Assistant District Attomey 12

t3 MICHAEL RAMSEY, Disrricr Anomey County of Butte, State of Califomia 14 l5 DATED: By: I6 ROBERT E. NICHOLS Deputy District Attomey t7

18 DIANA BECTON, Dishict Attorney Counfy of Contra Costa, State of California 19

20 DATED: € lrz lzo By: 2t STACEY N. GRASSINI Senior Deputy District Attorney 22

23 LISA SMITTCAMP, District Attorney County ofFresno, tate of

24 a

25 DATED By: ADAM J. KOOK 26 Deputy District Attorney 27

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-16- STIPTILATIONFORENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER 1 MAGGiE FLEMING, Districf Attomey Counfy of Humboldt, State of California 2

J DATED; 8l,d zo 4 ROBERT E. Dezuty District Attorney 5

6 GILBERT OTERO, Dishict Attonney County of hnperial, State of California 7

8 DATED: 9 ROBERT Deputy Dishict Attorney 10

11 CYNTHIA J. ZIMMER" District Attorney County of Kern, State of Califomia t2

13 DATED: By: t4 JEFFREY W. NOE Dep,rty District Attorney 15 LACEY, District Attorney 16 JACKIE County of Los Angeles, State of California I7

18 DATED: By: DANIEL J. WRIGHT t9 Deputy DistrictAuomey 2A LORI FRUGOLI" Disfrict AftorneY 2T Counry of Marin, State of Califonria 22

23 DATED: By: ANDRES H. PEP.E,Z 24 Deputy District AttomeY

25

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-l-t- STIPULATION FOR ENTRY OF FINAL JTJDGMENT AND PERMANENT INTJNCTION; ORDER I MAGCIE FLEMING, District Attorney County of Humboldt, State of California 2

J DATED: By: 4 ROBERT E. NICHOLS Deputy District Attorney 5

6 GILBERT OTERO, District Afforney County of Imperial, State of Califomia 7

8 DATED By: 9 ROBERT E. NICHOLS Depufy District Aftorney l0

II CYNTHIA J. ZIMMER, District Attorney County of Kem, State of California t2

l3 DATED: t- l?-4 By Ub (t )' l4 $f{ev tu, Nos Deputy District Attorney 15 l6 JACKIE LACEY, District Attorney County of Los Angeles, State of California 17

l8 DATED: By

19 DANIEL J. WRIGHT Deputy District Attorney 20

2T LORI FRUGOLI, District Attorney County of Marin, State of California 22

23 DATED: By ANDRES H, PEREZ 24 Deputy District Attorney 25

26

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-17- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTIoN; ORDER 1 MAGGIE FLEMING, District Attorney County of Humboldt, State of California 2

J DATED: By: 4 ROBERT E. NICHOLS Deputy District Attomey 5

6 GILBERT OTERO, District Attomey County of Imperial, State of California 7

8 DATED: By: 9 ROBERT E. NICHOLS Deputy District Attorney 10

11 CYNTHIA J. ZIMMER, District Attomey County of Kem, State of Califomia l2 l3 DATED: By t4 JEFFREY W. NOE Deputy District Attorney 15

16 JACKIE LACEY, District Attorney County of Los Angeles, State of California I7

18 DATED: 8/20/2o20 By: lr'/' t9 DANIEL J Deputy District Attorney 20 2l LORI FRUGOLI, District Attorney County of Marin, State of Califomia 22

23 DATED: By: ANDRES H. PEREZ 24 Deputy District Attorney 25

26

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-17 - STIPULATION FOR ENTRY OF FINAL ruDGMENT AND PERMANENT INUNCTION; ORDER I MAGGIE FLEMING, District Attorney County of Humboldt, State of California 2

3 DATED By 4 ROBERT E. NICHOLS Deputy District Attorney 5

6 GILBERT OTERO, District Attorney County of Imperial, State of California 7 I DATED By 9 ROBERT E. NICHOLS Deputy District Attorney 10

ti CYNTHIA J. ZIMMER, District Attorney County of I(ern, State of California t2

l3 DATED By t4 JEFFREY W. NOE Deputy District Attorney 15

16 JACKIE LACEY, District Attorney County of Los Angeles, State of California 17

18 DATED: By

19 DANIEL J. WRIGHT Deputy District Attorney 20

2t LORI FRUGOLI, District Attorney County of Marin, State of California 22

23 DATED 6- ll*? d By AND H. PEREZ 24 Deputy District Attorney 25

26

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-17- STIPULATION FOR ENTRY OF FINAL JUDGMENTAND PERMANENT INUNCTION; ORDER I JEANNINE M. PACIONI, District Attorney County of Monterey, State of Califomia 2

J 8112t20 DATED: By: 4 DIJE NDREU Deputy District Attorney 5

6 ALLISON HALEY, District Attorney County of Napa, tate of 7 a

8 DATED: By: 9 PATRICK COLLINS Deputy District Attorney 10

11 TODD SPITZER, District Attorney County of Orange, State of Califomia 12

l3 DATED: By: l4 WILLIAM G. FALLON Deputy District Attorney 15

T6 MORGAN BRIGGS GIRE, District Attorney County of Placer, State of California l7

18 DATED: By t9 JANE CRUE Deputy District Attomey 20 MICHAEL A. HESTRIN, District 21 Attorney County of Riverside, State of California 22

23 DATED By: LAUREN R. MARTINEAU 24 Deputy District Attorney 25

26

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-18- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER I JEANNINE M. PACIONI, District Attorney County of Monterey, State of California 2

Ja DATED: By: 4 DIJE NDREU Deputy District Attorney 5

6 ALLISON HALEY, District Attomey County ofNapa, State of California 7

8 DATED: By 9 PATRICK COLLINS Deputy District Attorney 10

l1 TODD SPITZER, District Attomey County of Orange, State of California l2

13 DATED: Bl1Bt2020 By: I4 G. FALLON Deputy District Attorney 15

T6 MORGAN BRIGGS GIRE, District Attomey County of Placer, State of California I7

18 DATED: By: JANE CRUE 19 Deputy District Attorney 20 2t MICHAEL A. HESTRIN, District Attomey County of Riverside, State of Califomia 22

23 DATED: By LAUREN R. MARTINEAU 24 Deputy District Attorney 25

26

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-18- STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER I JEANNINE M. PACIONI, District Attorney County of Monterey, State of California 2

J DATED By 4 DIJE NDREU Deputy District Attorney 5

6 ALLISON HALEY, District Attorney County of Napa, State of California 7

8 DAT'ED: By: 9 PATRICK COLI,INS Depufy District Attorney l0

ll TODD SPITZER, District Attorney County of Orange, State of California l2

t3 DATED: By L4 WILLIAM G. FALLON Deputy District Attorney l5

l6 MORGAN BzuCGS GIRE, District Attorney County of Placer, State of California l7

18 DATED: By: l9 JA CRUE District Attorney 2A 2t MICHAEL A. HESTRIN, f)istrict Attorney County of Riverside, Stat'e of Califomia 22

23 DATED By: LAUREN R. MARTINEAU 24 Deputy District Attorney 25

26

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-18* STIPULA ION FOR ENTRY OF FINAI, JUDGMENT AND PERMANENT INTINCTION; ORDER I JEANNINE M. PACIONI, District Attorney County of Monterey, State of Califomia 2

J DATED By 4 DIJE NDREU Deputy District Attorney 5

6 ALLISON HALEY, District Attorney County of Napa, State of Caiifomia 7

8 DATED By 9 PATRICK COLLINS Deputy District Attorney 10

11 TODD SPITZER, District Attorney County of Orange, State of Califomia t2 l3 DATED By: t4 WILLIAM G. FALLON Deputy District Attorney I5 l6 MORGAN BzuGGS GIRE, District Attorney County of Placer, State of California 17

18 DATED By: JANE CRUE l9 Deputy District Attorney 20 MICHAEL A. HESTRIN, District Attorney 2t County of Riverside, State of California 22 z) DATED: By U 24 Deputy District Attorney

25

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- l8 * STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER I ANNE MARIE SCHUBERT, District Atromey County of Sacramento, State of 2 a 3 DATED: By: 4 DOUGLAS WHALEY Depufy District Attomey 5

6 JASON ANDERSON, District Attorney County of San Bernardino, State of Califomia 7

8 DATED: 81, 9 "L DANIEL LOUGH Deputy District Attomey 10

11 SUMMER STEPHAN, District Attomey County of San Diego, State of Califomia t2

13 DATED: By: l4 ELIZABETH MCCLUTCHEY Deputy District Attorney l5

16 CHESA BOLIDIN, District Attorney County of San Francisco, State of Califomia 17 l8 DATED: By: t9 ALETHA M. SARGENT Assistant District Attorney 20 2t TORI VERBER SALAZAR, District Aftomey County of San Joaquin, State of California 22

23 DATED: By: CELESTE KAISCH 24 Deputy District Attorney 25

26

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-19* STIPULATIONFORENTRY OF FINAL JUDGMENT AND PERMANENT INUNCTION; ORDER I ANNE MARIE SCHUBERT, Districr Attorney County Sacramento, 2 of State of California

3 DATED: By: 4 DOUGLAS WHALEY Deputy District Attomey

6 JASON ANDERSON, District Attorney County of San Bernardino, State of California 7 I DATED: By I DANIEL LOUGH Deputy District Attorney t0

ll SUMMER STEPHAN, Disrriet Aftomey Counfy of San Diego, State of California t2

t3 c DATED: 2ata By: t4 ETH MCCL Deputy District Attomey l5

l6 CHESA B0UDIN, District Attorney County of San Francisco, State of California l7

l8 DATED: By: l9 ALETHEA M, SARGENT Assi stant District Attorney 20

2t TOzu VERBER SALAZAR, Districr Anomey County of San Joaquin, State of California 22

23 DATED By CELESTE 24 KAISCH Deputy District Attorney 2s

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-19- STIPULATION FOR. ENTRY OF F'INAL JUDGMENT AND PERMANENT INLINCTION; ORDER I ANNE MARIE SCHUBERT, District Attorney County of Sacramento, State of Califomia 2

J DATED By: 4 DOUGLAS WHALEY Deputy District Attorney 5

6 JASON ANDERSON, District Attorney County of San Bernardino, State of Califomia 7

8 DATED: By 9 DANIEL LOUCH Deputy District Attorney t0

ll SUMMER STEPHAN, District Attorney County of San Diego, State of Califomia t2 l3 DATED By t4 ELIZABETH MCCLUTCHEY Deputy District Attomey l5 ,16 CHESA BOUDIN, District Attomey County of San Francisco, State of Califomia t7

18 DATED: Yl lL /2-a By t9 M. SARGENT Assistant D istrict Attorney 2A

2t TOzu VERBER SALAZAR, District Attorney County of San Joaquin, State of California 22

23 DATED: By: CELESTE KAISCH 24 Deputy District Attorney 25

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-19- STIPULATION FOR ENTRY OF FINAL JUDCMENT AND PERMANENT INUNCTION; ORDER I ANNE MARIE SCHUBERT, District Attorney County of Sacramento, State of Califomia 2

J DATED By: 4 DOUGLAS WHALEY Deputy District Attorney 5

6 JASON ANDERSON, District Attorney County of San Bernardino, State of California 7

8 DATED: By 9 DANIEL LOUGH Deputy District Attorney l0 ll SUMMER STEPHAN, District Attorney County of San Diego, State of California l2

13 DATED By: I4 ELTZABETH MCCLUTCHEY Deputy District Attorney 15

t6 CHESA BOUDIN, District Attorney County of San Francisco, State of California t7

18 DATED: By: I9 ALETHA M. SARGENT Assistant Dishict Attorney 20 2I TORI VERBER SALAZAR, District Attorney County of San Joaquin, State of California 22

23 DATED: August 18,2020 By: &1rtfr. Kat 4/. CELESTE KAISCH 24 Deputy District Attorney 25

26

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-19* STIPULATION FOR ENTRY OF FINAL ruDGMENT AND PERMANENT INUNCTION; ORDER I DAN DOW, District Attorney County 2 of San Luis Obispo, State of California

1 J 8l DATED rcl ,o By ,r^ 4 KENNETH J. JO S Deputy District Atrorney 5

6 STEPHEN M. WAGSTAFFE, District Attorney CoLrnty of San Mateo, State o[ fornia 7 a 8 DATED By 9 JOHN E. WILSON Deputy District Attorney in Charge 10

ll JOYCE E. DUDLEY, District Anorney County of Santa arbara, California tz a

DATED By t4 CHRISTOPHER DALB Deputy District Anorney l5

l6 JEFFREY F. ROSEN, Districr Atrorney CoLrnty of Santa Clara, Srate of California 1att

l8 DATED By l9 BUD PORTER Supervising Deputy District Attorrrey 20

2t STEPHANIE A. BRIDCETT, District Artor.ney County of Shasta, State of California 22

/.J DATED By ANAND "LUCKY'' 24 JESRANI Deputy District Attorney 25

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*20 - STIPULATION FOR ENTR.Y OF FINAL JUDGIVIENT AND PERMANENT INUNCTION;ORDER I DAN DOW, District Attorney Counry of San Luis Obispo, Srate of Califomia 2

J DATED: By 4 KENNETH J. JORCENSEN Dcputy Dis trict Attorney 5

6 STEPI"IEN M. WACSTAFFE, District Atrorney County of San Matco, Stnte of California 7 I DATED: By: 9 JOHN E. WILSON Dcputy District Attcrney in Chargc l0

1l JOYCE E, DUDLEY, District Attorney County of Santa Barbara, State of California t2 l3 DATED: By: l4 CT{RISTOPFIER DALBEY Deputy District Attorney l5

l6 JEFFREY F. ROSEN, District Atlorney County of of California I7 q l8 DATED: L LO Ey n l9 BUD TER Supervising Deputy District Attomey 20 3l STEPIIANIE A. BRIDCETT, District Auomey County of Shasta" State of Cali

22 a

23 DATED: By:

1,1 ANAND "LUCKY'' JES L- Depury District Attorncy 25

26

27 :8

-20* STIPULATI0N FOR ENTRY OF FINAL JUDCMEIdT AND PERMANgN'r INUNC-I'tON; ORDER I - KfiISFINA A. ABR.r\tuIS, Distriul Ail.uru*y*'''--' County of Solano, State of California 2

J DATED d/rs/^ By: Q;**Yzo.***- 4 DIANE NEWMAN Depufy District Attorney 5

6 JILL R. RAVITCH, District Attorney County of Sonoma, State of California 7

8 DATED: By: 9 CAROLINE FOWLER Deputy District Attorney 10

11 BIRGIT FLADAGER, District Attorney County of Stanislaus, State of California T2

13 DATED: By: t4 MICHAEL HARTMAN Deputy District Attomey 15

t6 AMANDA L. HOPPER, Distrlct Attomey County of Sutter, State of Califomia 17

l8 DATED: By: t9 ROBERT E. NICHOLS Deputy District Attorney 20 TIM WARD, District Attomey 21 County of Tulare, State of Califomia 22

23 DATED: By: RODNEY M. BLACO 24 Senior Deputy District Attorney 25

26

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-21- STIPULATION FOR ENTRY OF FINAL ruDGMENT AND PERMANENT INUNCTION; ORDER I I(RISHNA A, ABRAMS, District Attorney County of Solano, State of California 2

3 DATED: By: 4 DIANE NEWMAN Deputy District Attorney 5

6 JILL R. RAVITCH, Distlict Attorney County of Sonoma, State of California

8 -? DATED a-r It By:

9 CAROLINE FOWLER Deputy District Attorney 10

1t BIRGIT FLADAGER, District Attorney County of Stanislaus, State of California 12

1J DATED: By MICHAEL TIARTMAN t4 Depufy District Attorney l5 AMANDA L. HOPPER, District Attomey t6 County of Sutter, State of California

17 DATED: By 18 ROBERT E. MCHOLS 19 Deputy District Attotney

20 TIM WARD, District Attorney County of Tulare, State of California 21

22 DATED By 23 RODNEY M, BLACO S eniot' Depurty D istrict Attorney 24

25

26

,1.7

28

-21- STIPULATION FOR ENTRY OF FINAL JTIDGMENT AND PERMANENT INUNCTION; ORDER I KRISHNA A. ABRAMS, District Attorney County of Solano, State of California 2

Ja DATED: By: 4 DIANE NEWMAN Deputy District Attorney 5

6 JILL R. RAVITCH, District Attorney County of Sonoma, State of California 7

8 DATED: By 9 CAROLINE FOWLER Deputy District Attorney 10

1l BIRGIT FLADAGER, District Attorney County of Stanislaus, State of California L2

l3 DATED 8t6t2020 By: TLI** t4 MICHAEL HARTMAN Deputy District Attomey l5 t6 AMANDA L. HOPPER, District Attomey County of Sutter, State of California T7

18 DATED: By: I9 ROBERT E. NICHOLS Deputy District Attorney 20

2I TIM WARD, District Attorney County of Tulare, State of Califomia 22

23 DATED: By: RODNEY M. BLACO 24 Senior Deputy Dishict Attorney 25

26

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-21 - STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INLINCTION; ORDER 1 KRISHNA A. ABRAMS, District Attorney Counfy of Solano, State of California 2

DATED: By: 4 DIANENEWMAN Depuf DistrictAtfomey 5

6 JILL R. RAVITCH, DistrictAttorney County of Sonoma, State of Califomia 7

8 DATED: By: FOWLER 9 CAROLINE Deputy District Attorney 10 FLADAGER, District AttonreY 11 BIRGff County of Stanislaus, State of California T2

13 DATED: By: MICHAEL HA.RTMAN 14 Deputy District Attomey

15 AMANDA L. HOPPER, District Attomey 16 County of Sutter, State of Califomia t7 l8 DATED: 8 o E. NICHO 19 Deputy District AttomeY 20 TIM WARD, District AttomeY 2l County of Tulare, State of California

2;2

IJ DATED: By: RODNEY M. BLACO 24 Senior Deputy Diskict AttorneY

25

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-21- ORDER STIPUL,A,TION FOR ENTRI' OF FINAL JUDGMENT AND PERMANENT ININCTION; I KRISHNA A. ABRAMS, District Attorney Counfy of Solano, State of California 2

3 DATED By: 4 DIANE NEWMAN Depufy District Aftomey 5

6 JILL R. RAVITCH, District Attomey Counfy of Sonoma, State of California 7

I DATED By: 9 CAROLINE FOWLER Deputy District Attomey l0

11 BIRGIT FLADAGER, District Attorney County of Stanislaus, State of California t2

13 DATED By l4 MICHAEL HARTMAN Deputy District Attorney 15 AMANDA L. HOPPER, District Attomey l6 County of Sutter, State of Caiifomia t7 l8 DATED: By ROBERT E. NICHOLS 19 Depufy District Attomey

20 TIM WARD, District Attorney 2t

22 DATED: ?e Zo lo 23 BLACO Senior Deputy District Attorney 24

25

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-21- STIPULATION FOR ENTRY OF FINAL ruDGMENT AND PERMANENT INT'NCTION: ORDER 1 JEFF W. REISIG, District Attorney County of Yolo, State of California 2

J DATED: 8/12/2020 By: 4 DA Assistant Deputy District Attomey 5 MICHAEL N. FEUER, City Attorney 6 City of Los Angeles, State of California 7

8 DATED: 811212020 By: 9 JESSI BROWN Supervising 10 Deputy City Attorney

11 FOR DEFENDANT, BED BATH & BEYOND, INC. t2

13 DATED By: ARLENE HONG, Executive Vice President, I4 Chief Legal Officer and Corporate Secretary, BED BATH & BEYOND, l5 INC. REVIEWED 16 AND APPROVED AS TO FORM AND CONTENT: MORGAN, l7 LEWIS & BOCKIUS LLP

18 l9 DATED By: GREGORY T. PARKS 20 Attorney forBED BATH & BEYOND, INC 2I MORGAN, LEWIS & BOCKIUS LLP 22

23 DATED: By: 24 COLLIE F. JAMES, IV 25 Attorney for BED BATH & BEYOND,INC.

26 IT IS SO ORDERED.

27 DATED: By: 28 JUDGE OF THE SUPERIOR COURT

a1

STIPULATION FOR ENTRY OF FINAL ruDGMENT AND PERMANENT INUNCTION; ORDER DocuSign lD: FC9C16AO-46D84781-8624-9EEC2FBC81D7

I JEFF W. REISIG, District Attorney County of Yolo, State of California 2

a J DATED: By 4 DAVID J. IREY Assistant Chief Deputy District Attorney 5

6 FOR DEFENDANT, BED BATH & BEYOND, INC.: 7 @ 8 by: DATED: 7 /3-12020 frfu^L I Executive Vice President, Chieflegal Officer and Corporate Secretary, 10 BED BATH & BEYOND,INC. l1

t2 REVIEWED AND APPROVED AS TO FORM AND CONTENT:

13 MORGAN, LEW]S & BOCKIUS LLP 14

15 i'>r'," DATED: en5n020 By: r-i i; I6 GREGORY T. PARKS Attorney forBED BATH & BEYOX$D,INC. t7 i8 MORGAN, LEWIS & BOCKIUS LLP t9

20 s115t2020 DATED By: 2t COLLIE F. JAMES,IV 22 Auorney for BED BATH & BEYOhID, INC.

23 IT IS SO ORDERED. 24

25 VINCENT J. ONEILL, JA. 26 DArED: lo-l_?.,0 By: ruDGE OF THE SUPERIOR COURT 27

28

aa STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INI'NCTION; ORDER VJIgIHXf, Exhibit A -- California Bed Bath & Beyond Facilities

Address City County

1, 2245 South Shore Center Alameda Alameda 2 4882 Dublin Boulevard Dublin Alameda 3 39125 Fremont Hub Fremont Alameda 4 39251 Fremont Hub Fremont Alameda 5 101 Clay Street Oakland Alameda 6 590 2nd Street Oakland Alameda 7 5564 Springdale Avenue Pleasanton Alameda 8 15555 East 14th Street, Suite 240 San Leandro Alameda 9 2101 Martin Luther King Parkway, Suite 20 Chico Butte 10 2101 Martin Luther King Parkway Chico Butte \L 5719 Lone Tree Way Antioch Contra Costa t2 5729 Lone Tree WaV Antioch Contra Costa 13 1975 Diamond Boulevard Concord Contra Costa t4 2075 Diamond Boulevard Concord Contra Costa 15 6000 El Cerrito Plaza El Cerrito Contra Costa 76 15 Crescent Drive Pleasant Hill Contra Costa 17 3250 Buskirk Avenue, Suite 300-4 Pleasant Hill Contra Costa 18 1697 Mt. Diablo Boulevard Walnut Creek Contra Costa t9 7497 N, Blackstone Avenue Fresno Fresno 20 7662 N. Blackstone, Suite A Fresno Fresno 2t 7458 North Blackstone Avenue Fresno Fresno 22 3300 Broadway, Space #340 Eureka Humboldt 23 520 East Danenberg Drive El Centro lmperial 24 5000 Stockdale Highway Bakersfield Kern 25 9240 Rosedale Highway Bakersfield Kern 26 201 East Magnolia Boulevard Burbank Los Angeles 27 201 East Magnolia Boulevard Burbank Los Angeles 28 6530 Canoga Avenue Canoga Park Los Angeles 29 2L640 Valley Boulevard Citv of lndustrv Los Angeles 30 10822 Jefferson Boulevard Culver City Los Angeles 31 12060 Lakewood Boulevard Downey Los Angeles 32 720 S. Sepulveda Boulevard El Segundo Los Angeles JJ 17401 Ventura Boulevard, Suite A-11 Encino Los Angeles 34 223 N. Glendale Avenue Glendale Los Angeles 35 1405 East Gladstone Street Glendora Los Angeles 36 14351 HindryAvenue Hawthorne Los Angeles 37 1557 Vine Street Hollywood Los Angeles 38 3480 W Century Boulevard lnglewood Los Angeles 39 5041 Lakewood Boulevard Lakewood Los Angeles 40 75 Lakewood Center Mall Lakewood Los Angeles 4T 10561 West Pico Boulevard Los Angeles Los Angeles 42 10860 Santa Monica Boulevard Los Angeles Los Angeles 43 142 S, San Vincente Boulevard, Suite 101 Los Angeles Los Angeles 44 6333 West 3rd Street Los Angeles Los Angeles 45 650 West Huntington Drive Monrovia Los Angeles 46 8959 Tampa Avenue Northridge Los Angeles 47 39421 10Th Street West Palmdale Los Angeles 48 3609 E. Foothill Boulevard Pasadena Los Angeles

Exhibit A to Stipulation For Entry of Final Judgment and Permanent Iniunction in People v. Bed Bath Beyond Inc Page 1 of 5 Exhibit A - California Bed Bath & Beyond Facilities

Address City County

49 3655 E. Colorado Boulevard Pasadena Los Angeles 50 3341 East Foothill Boulevard Pasadena Los Angeles 51 3560 Rosemead Avenue Rosemead Los Angeles 52 638 W. Arrow Highway San Dimas Los Angeles 53 24267 MaCic Mountain ParkwaY Santa Clarita Los Angeles 54 19211 Golden Valley Road Santa Clarita Los Angeles 55 1520L Ventura Boulevard Sherman Oaks Los Angeles 56 12555 Ventura Boulevard Studio City Los Angeles 57 22929 Hawthorne Bo u leva rd Torrance Los Angeles 58 2595 Pacific Coast Highway Torrance Los Angeles 59 3700 West Torrance Boulevard Torrance Los Angeles 60 25676 N. The Old Road Valencia Los Angeles 67 25540 The Old Road Valencia Los Angeles 62 11854 West Olympic Boulevard W. Los Angeles Los Angeles 63 2753 Eastland Center Drive 2100 West Covina Los Angeles 64 6621 Fallbrook Avenue West Hills Los Angeles 65 6621 Fallbrook Avenue, Unit B West Hills Los Angeles 66 8820 S. Sepulveda Boulevard Westchester Los Angeles 67 160 Promenade Way Westlake Village Los Angeles 68 15610 Whittwood Lane Whittier Los Angeles 69 21825 Erwin Street Woodland Hills Los Angeles 70 2040 Redwood Highway Greenbrae Marin 7t 2601" Larkspur Landing Circle Larkspur Marin 72 117 General Stilwell Drive Marina MontereV 73 1690 North Main Street Salinas Monterey 74 1999 Fremont Boulevard Seaside Monterey 75 3934 Bel Aire Plaza Napa Napa 76 109 West lmperial Highway Brea Orange 77 8390 On The Mall #237 Buena Park Orange 78 7777 Edineer Avenue, Suite 136 Huntington Beach Orange 79 7777 Edineer Avenue, Suite B14 Huntington Beach Orange 80 13682 Jamboree Road lrvine Orange 81 L3692 Jamboree Road lrvine Orange 82 1320 South Beach Boulevard La Habra Orange 83 32391 Golden Lantern Laguna Niguel Orange 84 25262 El Paseo Mission Viejo Orange 85 25322 El Paseo Mission Viejo Orange 86 25732 El Paseo Mission Vieio Orange 87 28341 Marquerite Parkway Mission Viejo Orange 88 1500 East Village Way, Suite 2282 Orange Orange 89 22235 El Paseo Rancho Santa Margarita Orange 90 1313 W. Sunflower Avenue Santa Ana Orange 91 3900 South Bristol Street, Suite C Santa Ana Orange 92 12390 Seal Beach Boulevard Seal Beach Orange 93 22999 Savi Ranch Parkway Yorba Linda Orange 94 23041 Savi Ranch Parkway Yorba Linda Orange 95 1120 Galleria Boulevard, Suite 140 Roseville Placer 96 1120 Galleria Boulevard, Suite 160 Roseville Placer

Page 2 of 5 Exhibit A to Stiputation For Entry of Final Judgment and Permanent Iniunction in People v. Bed Bath Beyond lnc Exhibit A -- California Bed Bath & Beyond Facilities

Address City County

97 1120 Galleria Boulevard Roseville Placer 98 6748 Stanford Ranch Road Roseville Placer 99 1642 E.2nd Street Marketplace Beaumont Riverside 100 2563 Tuscany Street Corona Riverside 101 2585 Tuscanny Street Corona Riverside L02 1165 S. Sanderson Avenue Hemet Riverside 103 78-983 Hwy L11 La Quinta Riverside ro4 79-tto Hwy 111 La Quinta Riverside 105 2923tCentral Avenue Lake Elsinore Riverside 106 6365 Pats Ranch Road Mira Loma Riverside LO7 24450 Village Walk Place Murrieta Riverside 108 72459 Hiehway 111 Palm Desert Riverside 109 2465 East Palm Canyon Palm Springs Riverside 110 5200 E. Ramon Road Building B Palm Springs Riverside tLt 2698 Canyon Springs Parkway Riverside Riverside LLz 3700 Tyler Street, Suite 14 Riverside Riverside 113 2660 Canyon Springs Parkway Riverside Riverside tt4 40438 Winchester Road Temecula Riverside 115 40456 Winchester Road Temecula Riverside 1.L6 6191 Sunrise Boulevard Citrus Heights Sacramento tL7 7621 Laguna Boulevard Elk Grove Sacramento 118 9L45 W. Stockton Boulevard Elk Grove Sacramento 119 9680 Bruceville Road Elk Grove Sacramento L20 2797 E. Bidwell Street Folsom Sacramento 1.2r 2385lron Point Road Folsom Sacramento 122 1821 Howe Avenue Sacramento Sacramento 123 2725 Marconi Avenue Sacramento Sacramento 124 3611 N. Freeway Boulevard Sacramento Sacramento t25 3621 N. Freeway Boulevard Sacramento Sacramento t26 18815 Bear Valley Road Apple Valley San Bernardino t27 4049 Grand Avenue Chino San Bernardino 128 13021 Peyton Drive Chino Hills San Bernardino t29 11530 4Th Street, Suite 120 Rancho Cucamonga San Bernardino 130 11530 4Th Street, Suite 125 Rancho Cucamonga San Bernardino 13r 27440 Lueonia Avenue Redlands San Bernardino t32 27450 Lugonia Avenue Redlands San Bernardino 133 27651 San Bernardino Avenue, Suite B Redlands San Bernardino 134 L865 North Campus Avenue, Building 15 Upland San Bernardino 135 12470 Amargosa Road, Suite C Victorville San Bernardino 136 1905 Calle Barcelona, Suite 100 Carlsbad San Diego t37 1.640 Millenia Avenue Chula Vista San Diego 138 1650 Millenia Avenue Chula Vista San Diego 139 394 East H Street Chula Vista San Diego 140 1014 N. El Camino Real Encinitas San Diego 747 Escondido Promenade Escondid San Diego 142 8657 Villa La Jolla Drive La Jolla San Diego t43 5500 Grossmont Center Drive La Mesa San Diego 144 2140 Vista Way Oceanside San Diego

Page 3 of 5 Exhibit A to Stiputation For Entry of Fina! Judgment and Permanent lniunction in People v. Bed Bath Beyond lnc Exhibit A - Galifornia Bed Bath & Beyond Facilities

Address City County

t45 2120 Vista Way Oceanside San Diego 146 10455 Reserve Drive, Suite 150 San Diego San Diego t47 10537 45 Commons Drive, Suite 170 San Diego San Diego r48 8150 Mira Mesa Boulevard San Diego San Diego t49 1750 Camino Del Rio North San Diego San Diego 150 155 S. Las Posas Road San Marcos San Diego 151 9918 Mission Gorge Road Santee San Diego 152 372 4lh Avenue San Diego San Diego 153 2552 Tavlor Street San Francisco San Francisco 154 555 9th Street San Francisco San Francisco 155 t0776Trinily Parkway Stockton San Joaquin 156 10822 Trinity Parkway Stockton San Joaquin 757 2530 North Naglee Road Tracy San Joaquin 158 2886 West Grant Line Road Tracy San Joaquin 159 2449 Golden Hill Road Paso Robles San Luis Obispo 160 317 Madonna Road San Luis Obispo San Luis Obispo L6T 325 Madonna Road San Luis Obispo San Luis Obispo t62 149 Serramonte Center Daly City San Mateo t63 150 Serramonte Center Daly City San Mateo 164 303 Gellert Boulevard Dalv Citv San Mateo 165 423 Westlake Center Dalv City San Mateo 166 1950 El Camino Real Redwood City San Mateo 167 890 Jefferson Avenue Redwood City San Mateo 168 2280 Bridgepoint Parkway San Mateo San Mateo 169 3000 Bridgepointe Parkway San Mateo San Mateo 770 68 Hillsdale Mall San Mateo San Mateo 177 189 North Fairview Avenue Goleta Santa Barbara t72 610 State Street Santa Barbara Santa Barbara t73 5L5 East Hamilton Avenue Campbell Santa Clara t74 6725 Camino Arroyo Gilroy Santa Clara t75 147 Great MallDrive Milpitas Santa Clara 176 1910 El Camino Real West Mountain View Santa Clara t77 2470 Charleston Road Mountain View Santa Clara 178 1084 Blosson Hill Road San Jose Santa Clara 179 2200 Eastridge Loop, Suite 1428 San Jose Santa Clara 180 4050 Stevens Creek Boulevard San iose Santa Clara 181 5L64 Stevens Creek Boulevard San Jose Santa Clara t82 5205 Prospect Road, Suite 160 San Jose Santa Clara 183 5353 Almaden Expressway, Suite A 100 San Jose Santa Clara 184 5353 Almaden Expressway, Suite 4-200 San Jose Santa Clara 185 555 Coleman Avenue San Jose Santa Clara 186 5201 Stevens Creek Boulevard Santa Clara Santa Clara r87 1080 Hilltop Drive Reddine Shasta L88 1140 Hilltop Drive Redding Shasta 189 1574 Gateway Boulevard Fairfield Solano 190 128 Browns Valley Parkway Vacaville Solano 797 1611-B East Monte Vista Avenue Vacaville Solano 192 105 Plaza Drive, Suite 107 Valleio Solano

4 of 5 Exhibit A to Stiputation For Entry of Final Judgment and Permanent lnjunction in People v. Bed Bath Beyond lnc Page Exhibit A -- Galifornia Bed Bath & Beyond Facilities

Address City County

193 2685 Santa Rosa Avenue Santa Rosa Sonoma L94 2785 Santa Rosa Avenue Santa Rosa Sonoma 195 3801 Pelandale Avenue Modesto Stanislaus 196 3900 Sisk Road Modesto Stanislaus 197 285l Countryside Drive Turlock Stanislaus 198 1060 Harter Road Yuba City Sutter 199 3125 South Mooney Boulevard Visalia Tulare 200 4038 S. Mooney Boulevard Visalia Tulare 201 221 Esplanade Drive Oxnard Ventura 202 251W Esplanade Drive Oxnard Ventura 203 2631 Tapo Canyon Road SimiValley Ventura 204 2940 Tapo Canyon Road SimiValley Ventura 205 L21 South Westlake Boulevard Thousand Oaks Ventura 205 4040 East Main Street Ventura Ventura 207 871 Russell Boulevard Davis Yolo

Exhibit A to Stiputation For Entry of Final Judgment and Permanent lnjunction in People v. Bed Bath Beyond lnc Page 5 of 5 g IISIHXTT EXHIBIT B. PEOPLE'S REPRESENTATIVES FOR NOTICE

Elizabeth McClutchey Deputy District Attorney Environmental Protection 330 W. Broadway, Suite 700 San Diego, CA 92101 betsy.mcclutchey@sdcda. org

Mitchell F. Disney Senior Deputy District Attorney Ventura County District Attorney's Office 5720 Ralston Street, Suite 300 Ventura, CA 93003 [email protected]

Stacey N. Grassini Senior Deputy District Attorney Special Operations Division Contra Costa County District Attorney's Office 900 Ward Street, Fourth Floor Martinez, CA94553 S grassini@contracostada. org

Exhibit B to Stipulationfor Entry ofFinal Judgment and Permanent Injunction in People v. Bed Bath Beyond Inc. Page I of I EXHIBIT C.l EXHIBIT C-l - CIVIL PENALTIES

Civil Penalties - Employer lD Business and Civil Penalties - Civil Penalties - Total of Civil Numbers Professions Health and Safety Health and Safety Penalties Paid to (FErN) Agency S17200 Penalties 525500 Penalties S25189 Penalties Agency 94-6000501 Alameda Co. District Attornev's Office $ 60,000.00 $ $ $ 60,000.00 94-6000506 Butte Co. District Attorney's Office $ 2,000.00 $ $ $ 2,000.00 94-6000509 Contra Costa Co. District Attorney's Office $ 100,000.00 $ s $ 100,000.00 94-600051 2 Fresno Co. District Attorney's Office $ 4,000.00 $ $ $ 4,000.00 94-600051 3 Humboldt Co. District Attorney's Office $ 2,000.00 $ $ $ 2,000.00 95-6000924 lmperial Co. District Attorney's Office $ 2,000.00 $ $ $ 2,000.00 95-6000925 Kern Co. District Attorney's Office $ 4,000.00 $ $ $ 4,000.00 95-6000735 Los Angeles City Attorney's Office $ 20,000.00 $ $ $ 20,000.00 95-6000927 Los Angeles Co. District Attorney's Office $ 40,000.00 $ $ $ 40.000.00 94-600051 I Marin Co. District Attorney's Office $ 4,000.00 $ $ $ 4,000.00 94-6000524 Monterev Co. District Attorney's Office $ 6,000.00 $ $ $ 6,000.00 94-6000525 Napa Co. District Attornev's Office $ 2,000.00 $ $ $ 2,000.00 95-6000928 Oranqe Co. District Attorney's Office $ 50,000.00 $ $ $ 50,000.00 94-6000527 Placer Co. District Attorney's Officer (see below) $ 5,000.00 $ $ $ 5,000.00 95-6000930 Riverside Co. District Attorney's Office2 (see below) $ 12,000.00 $ $ $ 12,000.00 94-6000529 Sacramento Co. District Attorney's Office3 (see below) $ 10,0oo.oo $ $ $ 10.000.00 95-6002748 San Bernardino Co. District Attorney's Office $ 50,000.00 $ $ $ 50,000.00 95-6000776 San Dieqo Citv Attornev's Office $ 8,000.00 $ $ $ 8,000.00 95-6000934 San Diego Co. District Attorney's Office $ 75,000.00 $ $ $ 75,000.00 94-6000417 San Francisco Co. District Attorney's Office $ 4,000.00 $ $ $ 4,000.00 94-6000531 San Joaquin Co. District Attorney's Officea (see below) $ 50,000.00 $ $ $ 50,000.00 95-6000939 San Luis Obispo Co. District Attorney's Office $ 30,000.00 $ $ $ 30,000.00 94-6000532 San Mateo Co. District Attorney's Office $ 10,000.00 $ $ $ 10,000.00 95-6002833 Santa Barbara Co. District Attorney's Office $ 30,000.00 $ $ $ 30.000.00 94-6000533 Santa Clara Co. District Attorney's Office $ 50,000.00 $ $ $ 50,000.00 94-6000535 Shasta Co. District Attorney's Office $ 4,000.00 $ $ $ 4,000.00 94-6000538 Solano Co. District Attorney's Offices (see below) $ 5,000.00 $ $ $ 5,000.00 94-6000539 Sonoma Co. District Attorney's Office ; 4,000.00 $ $ $ 4,000.00 94-6000540 Stanislaus Co. District Attorney's Office $ 5,000.00 $ $ a 5,000.00 94-6000542 Sutter Co. District Attorney's Office $ $ $ 2,000.00 s 2.000.00 94-6000545 Tulare Co. District Attorney's Office $ 4,000.00 $ $ $ 4,000.00 95-6000944 Ventura Co. District Attorney's Office $ 69,000.00 $ 100,000.00 $ 1,000.00 s 170,000.00 94-6000548 Yolo Co. District Attornev's Office $ 49,500.00 $ 25,500.00 $ $ 75,000.00 Totals - Prosecutor Civil Penalties $ 772,500.00 $ 125,500.00 $ 1,000.00 $ 899,000.00

1 PLACER: The money paid to the Placer County District Attorney as penalties pursuant to Business and Professions Code section 17206, shall be for the sole and exclusive use of the District Attorney to augment the enforcement of consumer and environmental protection laws and in no manner shall supplant or cause any reduction of any portion of the District Attorney's budget.

2 RIVERStDE Penalties: Business and Professions Code $1 7200: "Defendant" shall pay $12,000.00 to the Riverside County District Attorney's Office as civil penalties for violations of Business and Professions Code $1 7200. Pursuant to Business and Professions Code $17206(b), said sum will be paid in the form of a check made payable to the District Attorney, County of Riverside; sums to be distributed as follows: 100 percent will be deposited into the consumer protection prosecution account in the General Fund of Riverside County.

t SnCRRMEIT|TO: The money paid to the Sacramento District Attorney as penalties pursuant to Business and Professions Code $17206, shall be for the sole and exclusive use of the District Attorney to augment the enforcement of consumer and environmental protection laws and in no manner shall supplant or cause anv reduction of anv portion of the District Attornev's budget.

SAN JOAQUIN: Business and Professions Code $17200 Penalties shall be paid to the "Treasurer of San Joaquin County". Penalties allocated to Health and Cod 25500 shall be to the "San uin Co. District Office".

u SOLANO: Court further orders that these proceeds are designated as non-supplanting funds to be used by the Solano County District Attorney's Office only for the investigation and prosecution of environmental protection cases including, without limitation, those cases that can potentially be brought as unfair actions ursuant to B&P Code 1720O el

Pursuant to Government Code section 26506, any civil penalties recovered in a civil aciion "brought jointly in the name of the People of the State of California by the Attorney General, one or more district atiorneys, or by one or more city attorneys, or any combination thereof, shall be paid as approved the court."

:xhibit C-1 to Stipulation For Entry of Final Judgment and Permanent lnjunction in People v. Bed Bath Beyond lnc Pagel of EXHIBIT C-2 EXHIBIT C.2.. CIVIL PENALTIES

Total of Civil Employer Civil Penalties - Civil Penalties - Penalties Paid lD Numbers Health and Safety Health and Safety to Regulatory (FEIN) Aoencv S25500 Penalties S25189 Penalties Aqencies 94-6027361 Alameda Co. - Fremont City Fire Dept., Haz Mat Unit $ 1.000.00 $ $ 1,000.00 94-600042'l Alameda Co. - City of San Leandro Environmental Services $ 500.00 $ $ 500.00 94-6000397 Alameda Co. - Livermore/Pleasanton Fire Dept., Haz Mat Unitl $ 500.00 $ 500.00 94-6000501 Alameda Co. -Environmental Health Services $ 2,000.00 $ $ 2.000.00 94-6000509 Contra Costa Co. - Health Services Dept., Hazardous Materials Program $ 14.000.00 $ $ 14,000.00

68-028 1 3B 1 Department of Toxic Substances Control $ $ 2.000.00 2,000.00

94-60005 1 2 Fresno Co. - Communitv Health Dept., Environmenlal Health Division $ 1.500.00 $ $ 1,500.00 95-6000672 Kern Co. - Bakersfield Ciiy Fire Department $ 1,000.00 $ $ 1,000.00 95-6000706 Los Angeles Co. - El Segundo $ 500.00 $ 500.00 95-6000927 Los Angeles Co. - Fire Health Hazmat $ 20,000.00 $ 20,000.00 94-600051 I Mlarin Co. - Dept. of Public Works, Waste Mngt. Div $ 1,000.00 $ 1,000.00 94-6000524 Monterey Co. - Envlronmental Health Division $ 1,500.00 $ $ 1.500.00 94-6000525 Napa Co. - Dept. of Env. Mnst. $ 500.00 $ $ 500.00 9s-6000928 Oranqe Co. - Environmental Healthz (see below) $ 9,500.00 $ $ 9,500.00 94-6000409 Placer Co. - Roseville City Fire Dept. $ 2.000.00 $ $ 2,000.00 95-6000930 Riverside Co. - Dept. of Health, Hazardous Materials Division 8,500.00 $ $ 8,500.00 94-6000529 Sacramento Co. - Environmental Mgmt. Dept. 5,000,00 $ 5.000.00 95-6002748 San Bernardino Co. - Fire Haz Mat 5,000.00 $ $ 5,000.00 95-6000934 San Dieso Co. - Dept. of Environmental Health $ 15,500.00 $ 1,000.00 $ 16.500.00 '1.000.00 94-60004 1 7 San Francisco Co. - City & County Public Health Dept. $ 1,000.00 $ $

94-600053 1 San Joaquin Co. - Environmental Health Department $ 2,000.00 $ $ 2,000.00 '1,500.00 95-6000939 San Luis Obispo Co. - Environmental Health Services $ 1,500.00 $ 94-6000532 San Mateo Co. - Environmental Health Division $ 4,500.00 $ 4,500.00 95-6002833 Santa Barbara Co. - Environmental Health Services $ 1.000.00 1,000.00 94-6000533 Santa Clara Co. - Dept. of Environmental Health, Haz Mat Compliance Div 6,000.00 .00 94-6000340 Santa Clara Co. - City of Gilroy Fire Dept. 500.00 $ 500.00 94-6000426 Santa Clara Co. - City of Santa Clara Fire Department 5UU.UU $ 500.00 94-6000535 Shasta Co. - Environmental Health Divison 1,000.00 $ $ 1,000.00 94-6000538 Solano Co. - Environmental Health Services $ 2,000.00 $ 2.000.00 94-6000428 Sonoma Co. - Santa Rosa Fire Department $ 1,000.00 $ $ 1,000.00 g4-6000540 Stanislaus Co. - Dept. of Environmental Resources $ 1,500.00 $ '1,500.00 94-6000545 Tulare Co. - Environmental Health $ 1,000.00 $ 1.000.00 95-6000756 Ventura Co. - City of Oxnard Fire Dept. $ 10,000.00 $ 1 95-6000944 Ventura Co. - Environmental Health Division $ 2,000.00 $ 94-6000548 Yolo Co. - Environmental Health 500.00 $ $ 500.00 Total - Aqencv Givil Penalties 125,500.00 $ 3,000.00 i 128.500.00

t ALAMEDA: The agency requested that the check be made payable to ihe Livermore Pleasanton Fire Department "Hazardous Materials Program Training and Resource Trust Account"

2 ORANGE: $9,500.00 is restricted to the Orange County Health Care Agency/Environmental Health and is io be placed in a special revenue account. These funds are to be used for the enhancements of the Hazardous Waste Program for special projects and other uses as determined by the Director of Environmental Health. Said payment shall be made in the form of a check made payable to the County of Orang elAuditor-Controller

Exhibit C-2 to Stipulation For Entry of Final Judgment and Permanent lnjunction in People v. Bed Bath Beyond lnc 1of1 O JISIHXS Exhibit D - Supplemental Environmental Projects

1. CUPA Forum Environmental Protection Trust Fund.

DEFENDANT shall provide the amount of One Hundred Twenty-One Thousand Two

Hundred Fifty Dollars ($121,250.00) to fund scholarships for attendance and participation at the

annual CUPA Conference. Each of these scholarships shall cover conference registration,

transportation, meals, and hotel at the training conference rate. Travel and per diem expenses will

be reimbursed in accordance with the reimbursement policies of the "California CUPA Forum

Board Training Conference Expense Reimbursement Policies", and any subsequent

modifications thereto.

2. Craig Thompson Environmental Protection Prosecution Trust Fund.

DEFENDANT shall provide the amount of Twenty-Five Thousand Dollars

($25,000.00) payable to the Craig Thompson Environmental Protection Prosecution Trust

Fund for the restricted purpose of providing environmental enforcement training for

California enforcement personnel. Such training shall take place, to the extent reasonably

possible, within five (5) years following Entry of the Final Judgment.i

3. California Advanced Environmental Criminal Training Program (CaI-AECTP) with CHMIA.

DEFENDANT shall provide the amount of Twenty-Five Thousand Dollars ($25,000.00)

payable to the California Hazardous Materials Investigators Association ("CHMIA') to be used by

CHMIA to fund full scholarships for attendance and participation in their Advanced Environmental

Criminal Training Program. Each of these scholarships shall cover conference registration, travel,

food, lodging, and incidentals.

I If payment is accepted, the entity accepting payment shall provide annual letter reports, starting on January 1,2021 (and on the first of January for each following year) until the exhaustion of the funds, describing the specific use of the funds and, where applicable, the type of training provided. The reports shall be submitted to the Plaintiff s representatives identified in Exhibit B of this Final Judgment. In the event that an entify identified above chooses not to accept this payment pursuant to the Final Judgment, Plaintiff shall request, by noticed motion, an alternate disposition of such payment.

Exhibit D to Stipulation For Entry ofFinal Jttdgntent and Perntanent Injunction in People v. Bed Bath Beyond Inc l of I EXHIBIT E-l EXHIBIT E.1 .. COSTS

Employer lD Numbers (FErN) Agency Total Costs to Agency 94-6000501 Alameda Co. District Attorney's Office $ 17,300.00 94-6000506 Butte Co. District Attorney's Office $ 300 00 94-6000509 Contra Costa Co. District Attorney's Office $ 24,000.00

94-60005 1 2 Fresno Co. District Attorney's Office $ 600.00

94-60005 1 3 Humboldt Co. District Attorney's Office $ 300.00 94-6000924 lmperial Co. District Attorney's Office $ 300.00 95-6000925 Kern Co. District Attorney's Otfice $ 600.00 95-6000735 Los Angeles City Attorney's Office $ 600.00 95-6000927 Los Angeles Co. District Attorney's Office $ 600.00 94-600051 I Marin Co. District Attorney's Office $ 600.00 94-6000524 Monterey Co. District Attorney's Office $ 1,950.00 94-6000525 Napa Co. District Attorney's Office $ 600.00 95-6000928 Orange Co. District Attorney's Office $ 5,100.00 94-6000527 Placer Co. District Attorney's Officel (see below) $ 600.00 95-6000930 Riverside Co. District Attorney's Office2 (see below) $ 600.00 94-6000529 Sacramento Co. District Attorney's Office3 (see below) $ 600.00 95-6002748 San Bernardino Co. District Attorney's Office $ 10,000.00 95-6000776 San Diego City Attorney's Office $ 1,050.00 95-6000934 San Diego Co. District Attorney's Office $ 19,800.00 94-6000417 San Francisco Co. District Attorney's Office $ 600.00 94-6000531 San Joaquin Co. District Attorney's Office $ 27,450.00 95-6000939 San Luis Obispo Co. District Attorney's Office $ 6,600.00 94-6000532 San Mateo Co. District Attorney's Office $ 600.00 95-6002833 Santa Barbara Co. District Attorney's Office $ 1,500.00 94-6000533 Santa Clara Co. District Attorney's Office $ 11,500.00 94-6000535 Shasta Co. District Attorney's Office $ 600.00 94-6000538 Solano Co. District Attorney's Office $ 600.00 94-6000539 Sonoma Co. District Attorney's Office $ 600.00 94-6000540 Stanislaus Co. District Attorney's Office $ 600.00 94-6000542 Sutter Co. District Attorney's Office $ 300.00 94-6000545 Tulare Co. District Attorney's Office $ 600.00 95-6000944 Ventura Co. District Attorney's Office $ 81,450.00 94-6000548 Yolo Co. District Attorney's Officea (see below) $ 69,500.00 Total - Prosecutor Gosts $ 288,000.00

t PLACER: The money paid to the Placer County District Attorney as costs, pursuant to this stipulation, shall be for the sole and exclusive use of the District Attorney as reimbursement for costs expended in the enforcement of the consumer protection and environmental laws and in no manner shall supplant or cause any reduction of any portion of the District Attorney's budget.

RIVERSIDE Costs: "Defendant" shall pay $600.00 as costs to the Riverside County District Attorney's Office. Said sum will be paid in the form of a check made payable to the District Attorney, County of Riverside.

SACRAMENTO: The money paid to the Sacramento District Attorney as costs, pursuant to this stipulation, shall be for the sole and exclusive use of the District Attorney as reimbursement for costs expended in the enforcement of the consumer protection and environmental laws and in no manner shall supplant or cause any reduction of any portion of the District

o YOLO: This money shall be paid in two separate checks: (1) one check addressed to the Yolo County District Attorney's Office in the amount of $39,500.00 , and (2) one check addressed to the Craig Thompson Environmental Protection Prosecution Fund in the amount of $30,000.00.

Exhibit E-l to Stiputation For Entry of Finat Judgment and Permanent lnjunction in People v. Bed Bath Beyond lnc 1of 1 t

EXHIBIT E-2 EXHIBIT E.2 -. COSTS

Employer lD Numbers TotalCosts to (FErN) Agency Agency 94-6000501 Alameda Co. - Environmental Health Services $ 3,600.00 94-6000509 Contra Costa Co. - Health Services Dept., Hazardous Materials Program 2,400.00 95-6000928 Orange Co. - Environmental Healthl $ 1,500.00 95-6002748 San Bernardino Co. - Fire Haz Mat t 1.050.00 95-6000934 San Dieqo Co. - Dept. of Environmental Health $ 2,000.00 95-6002833 Santa Barbara Co. - Environmental Health Services ) 150.00 94-6000533 Santa Clara Co. - Dept. of Environmental Health, Haz Mat Compliance Div. $ 100.00 95-6000944 Ventura Co. - Environmental Health Division I 1,200.00 Total - Aqencv Costs $ 12,000.00

' ORANGE: $1,500.00 is restricted to the Orange County Health Care AgencyiEnvironmental Health and is to be placed in a special revenue account. These funds are to be used for the enhancements of the Hazardous Waste Program for special prolects and other uses as determined by the Director of Environmental Health. Said payment shall be made in the form of a check made payable to the County of Orange/Auditor-Controller.

Exhibit E-2 to Stipulation For Entry of Final Judgment and Permanent lnjunction in People v. Bed Bath Beyond lnc 1of1