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Failure to comply with the terms of this Resolution Agreement shall constitute a violation of <br /> Section 403 . 161 ( 1 )(b) , Florida Statutes . <br /> 21 . Respondent is fully aware that a violation of the terms of this Resolution <br /> Agreement may subject Respondent to judicial imposition of damages , civil penalties up to <br /> $ 10 , 000 . 00 per day per violation, and criminal penalties . <br /> 22 . Entry of this Resolution Agreement does not relieve Respondent of the need to <br /> comply with applicable federal , state or local laws , regulations or ordinances . <br /> 23 . No modifications of the terms of this Resolution Agreement shall be effective until <br /> reduced to writing and executed by both Respondent and the Department . <br /> 24 . Respondent acknowledges and waives its right to an administrative hearing <br /> pursuant to , Sections 120 . 569 and 120 . 57 , Florida Statutes , on the terms of this Resolution <br /> Agreement . Respondent acknowledges its right to appeal the terms of this Resolution Agreement <br /> pursuant to Section 120 . 68 , Florida Statutes , and waives that right upon signing this Resolution <br /> Agreement , <br /> 25 . This Resolution Agreement is a final order of the Department pursuant to Section <br /> 120 . 52(7) , Florida Statutes , and it is final and effective on the date filed with the Clerk of the <br /> Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120 , <br /> Florida Statutes . Upon the timely filing of a petition this Resolution Agreement will not be <br /> effective until further order of the Department . <br /> 10 of 11 OGC File No . 044977 <br />