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<br />impos <br />total p <br />amoun <br /> <br />ivil penalties for the Violation pursuant to MiIUlesota Statutes, 9 340A.4l5, provided the <br />alty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed <br />authorized by law. <br /> <br />Licensee understands and agrees: <br /> <br />a. That this agreement does not constitute an agreement not to bring criminal <br />harges for activities described herein; <br /> <br /> <br />b. That a decision whether to bring any charges rests within the discretion of <br />e City prosecuting attorney, the County attorney, or other authorized law enforcement <br />gencies; <br /> <br />c. That the Licensee freely enters into this agreement without any promises <br />rom the City that no criminal charges will be brought; <br /> <br />d. That this agreement is entered into for the sole purpose of resolving and <br />settling any potential civil sanctions imposed pursuant to Minn. Stat. 9 340A.415, and not <br />for the purpose of resolving or settling any potential criminal issues; and <br /> <br />e. That in the event criminal charges are brought against the undersigned, the <br />Licensee or any of its employees for activities described herein, Licensee will not contest <br />the validity of this agreement, repudiate, or otherwise challenge this agreement in any <br />way, by reason of the initiation or prosecution of such criminal proceedings. <br /> <br />BARLEY JOHN'S, INC. <br /> <br />By I~ #;t~:&~.ti^&~ <br />! <br /> <br />By Order of the City Council of the City of New Brighton this _ day of <br /> <br />2006 <br /> <br />~~~ <br /> <br />Mayor <br /> <br />A TT ST: <br /> <br />;If, 'tcd!t{,>tf.d-..~ <br /> <br />City lerk <br /> <br />CZTC'<,~--r:tLihtL <br /> <br />-: Jeanna Troha, Acting City Manage <br /> <br />CLL-2 238v! <br />NEl3 J <br /> <br />3 <br />