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A. Mohr-Fry hereby promises and covenants not to oppose Landowner's Use Permit application. In addition, Mohr-Fry hereby promises and covenants to allow, and not oppose,the use of the Temple Property consistent with the terms and conditions of the Use Permit. In the event Landowner initiates a change in land use on the property,to a use not consistent with the property's current zoning or the use permitted by the Use Permit, Mohr-Fry shall have the right to review and comment upon such land use change to the appropriate governing authority/s. B. Landowner hereby promises and covenants to allow the unobstructed use of the Farm/Winery Property in compliance with applicable zoning, laws and use regulations, for purposes consistent with the zoning of the Farm/Winery Property, as amended from time to time. Landowner expressly agrees not to interfere with the continued use of the Farm/Winery Property,notwithstanding the effects of such uses on the Temple Property and any employees,parishioners or invitees thereon. Landowner further understands and agrees that use of the Farm/Winery Property can, and does, result in dust, flies, odors,noise, agricultural traffic and related impacts, ("Agricultural Impacts')and Landowner expressly covenants not to sue Mohr-Fry and/or its successors in interest in connection with such Agricultural Impacts. The covenants and agreements set forth in this Section 2B shall also apply to any expansion of the Farm/Winery and agricultural operations on the Farm/Winery Property, or any Expansion Lands, as that term is defined in Section 3, hereof,provided such expansion is in compliance with applicable zoning laws and use regulations. In the event Mobr-Fry initiates a change in land use on the property,to a use not consistent with the property's current agricultural zoning, Landowner shall have the right to review and comment upon such land use change to the appropriate governing authority/s. Should the owner of the Farm/Winery property seek any land use entitlements for its property, Landowner and/or members of its congregation shall not oppose or otherwise participate in any public hearing conducted for the proposed land use entitlements. 3. Runs With The Land. Landowners and Mohr-Fry intend that this Agreement and the covenants created herein shall constitute covenants running with the land, as defined in California Civil Code Section 1462, so as to bind and benefit successors, heirs and assigns of the Parties. In fw therance of this intent, Landowner agrees that in the event the Temple Property is subdivided,that any deeds to said parcels shall contain a notification to the purchaser thereof of the existence of this Agreement and its binding effect on successor owners of such parcels. In addition, should Mohr-Fry acquire additional, contiguous parcels of land for FarmlWinery related uses("Expansion Lands'),Landowner agrees to enter into an agreement with Mohr-Fry, under the same terms and conditions hereof, in connection with such Expansion Lands. 4. Attorneys' Fees. In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees and costs. 5. Effective Date. This Agreement shall not be effective, and shall not be recorded until final approval of the Use Permit for the Temple Property by the San Joaquin County Planning Commission, or, if appealed,the San Joaquin County Board of Supervisors. 6. Arbitration of Disputes. Any dispute, controversy, or claim arising out of or relating to this Agreement, including any dispute relating to interpretation or performance of this Agreement, shall be resolved through arbitration under the auspices of the American Arbitration Association, which shall be in lieu of any form of litigation 2