STIPULATED CONSENT JUDGMENT. (1) The parties stipulate to the entry of a Consent Judgment if Tesoro defaults on any of the terms and conditions of this agreement and hereby waives the right to challenge the Consent Judgment of its terms. Before declaring a default of the terms and conditions of this Agreement, CARB will first provide Tesoro 10 calendar days written notice of the claimed default and request to cure. (2) The Consent Judgment does not constitute evidence of admission by ▇▇▇▇▇▇ regarding any issue of law or fact alleged in the Agreement but sets forth the obligations of Tesoro and constitutes the complete, final, and exclusive agreement between CARB and Tesoro. (3) CARB expressly reserves the right to bring an enforcement action based on violations of law not covered in this Agreement and to seek whatever fines, penalties, or remedies provided by law, including injunctive relief. (4) In the event CARB seeks a Consent Judgment based on ▇▇▇▇▇▇’s default under this Agreement, the Parties agree to the following: a. Superior Court of California, County of Sacramento (Court) has jurisdiction over the Parties and to the subject matter of thisaction; b. Venue is proper in this Court; c. The Court has personal jurisdiction over Tesoro for purposes of enforcing the terms of the Consent Judgment; and d. The obligations under this Agreement shall be deemed the terms and conditions of the Consent Judgment.
Appears in 1 contract
Sources: Settlement Agreement
STIPULATED CONSENT JUDGMENT. (1) The parties Parties stipulate to the entry of a Consent Judgment if Tesoro TLC defaults on any of the terms and conditions of this agreement Agreement and hereby waives the right to challenge the Consent Judgment of or its terms. Before declaring a default of the terms and conditions of this Agreement, CARB will first provide Tesoro TLC 10 calendar days written notice of the claimed default and request to cure.
(2) The Consent Judgment does not constitute evidence of an admission by ▇▇▇▇▇▇ TLC regarding any issue of law or fact alleged in the Agreement but sets forth the obligations of Tesoro TLC and constitutes the complete, final, and exclusive agreement between CARB and TesoroTLC.
(3) CARB expressly reserves the right to bring an enforcement action based on violations of law not covered in this Agreement and to seek whatever fines, penalties, or remedies provided by law, including injunctive reliefinjunctiverelief.
(4) In the event CARB seeks a Consent Judgment based on ▇▇▇▇▇▇TLC’s default under this Agreement, the Parties agree to the following:
a. Superior Court of California, County of Sacramento (Court) has jurisdiction over the Parties and to the subject matter of thisactionmatterof this action;
b. Venue is proper in this Court;
c. The Court has personal jurisdiction over Tesoro TLC for purposes of enforcing the terms of the Consent Judgment; and
d. The obligations under this Agreement shall be deemed the terms and conditions of the Consent Judgment.
Appears in 1 contract
Sources: Settlement Agreement
STIPULATED CONSENT JUDGMENT. (1) The parties stipulate to the entry of a Consent Judgment if Tesoro defaults on any of the terms and conditions of this agreement and hereby waives the right to challenge the Consent Judgment of its terms. Before declaring a default of the terms and conditions of this Agreement, CARB will first provide Tesoro 10 calendar days written notice of the claimed default and request to cure.
(2) The Consent Judgment does not constitute evidence of admission by ▇▇▇▇▇▇ Tesoro regarding any issue of law or fact alleged in the Agreement but sets forth the obligations of Tesoro and constitutes the complete, final, and exclusive agreement between CARB and Tesoro.
(3) CARB expressly reserves the right to bring an enforcement action based on violations of law not covered in this Agreement and to seek whatever fines, penalties, or remedies provided by law, including injunctive relief.
(4) In the event CARB seeks a Consent Judgment Judgement based on ▇▇▇▇▇▇Tesoro’s default under this Agreement, the Parties agree to the following:
a. Superior Court of California, County of Sacramento (Court) has jurisdiction over the Parties and to the subject matter of thisactionthis action;
b. Venue is proper in this Court;
c. The Court has personal jurisdiction over Tesoro for purposes of enforcing the terms of the Consent Judgment; and
d. The obligations under this Agreement shall be deemed the terms and conditions of the Consent Judgment.
Appears in 1 contract
Sources: Settlement Agreement