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<br /> 8. The Parties agree that if Landowners file and serve thi;request described
<br /> in the preceding section that they will proceed with the trial of the Limsuits, determining
<br /> both the right to take and just compensation for the acquisition, dam,Lges to the
<br /> remainder, and just compensation for the use and occupation of the property from July 1,
<br /> 1997 to October 1,2001.In the overit District abandons its Second Action upon
<br /> Landowners' resumption of the Inial of the Lawsuits,District will rani ove all
<br /> improvements and return the aubjoet property to its original condition.
<br /> 9. It is further agreed by and between the Parties that should this matter
<br /> returned to the trial court fbr a trial of the issues of the right to take a od just
<br /> compensation,that the date of valuation for tho first Action shall be the term ricin July 1,
<br /> 1997 to October 1, 2001 for the use and occupation of the property, <,nd that the date of
<br /> valuation for the acquisition ofproporty and any damages to the remainder in the Second
<br /> Action shall be July 19, 2001,
<br /> 10. The Parties agree that each side shall bear its own attorney's foes,
<br /> litigation expenses,costs and any other suras expended related to the Lawsuits, and that
<br /> part of the consideration for this agreement is a waivor and release by Landowners of any
<br /> and all compensation or damages for any use or possession of the Subject Property by
<br /> District or any other interference with any other property interests of landowners,
<br /> 11. It is the intention of the Parties that this Agreement bc:enforceable
<br /> pursuant to Code of Civil Procedure § 664.6.
<br /> 12. The Parties further agree at this time that they will waive any rights to
<br /> dismissal of either of the Lawsuits under Code of Civil Procedure§k- 583.310,583.410,
<br /> 583.420 or any other statute requiring dismissal duo to the passage ortime and agree that
<br /> all such time periods shall be tolled for a period of two years atter thoz request to return to
<br /> trial described above is served and filed.
<br /> 13. Should the two your period or other period described ur Section 7 above
<br /> for seeking approvals expire and Landowners do not request a return to the court, as
<br /> described above, the terms of this Agreement shall be fully enforceable except for the
<br /> waiver and release of the condition of approvals and the right to retunn to court for trial of
<br /> the issues. In the event the Landowners do not seek return to court as described herein,
<br /> the Parties hereby release and forever discharge each other, and thoir respective current
<br /> and former servants,agents, directors,officers, employees, shareholders,parent
<br /> corporations,subsidiaries,related companies, assigns, insureds,insurers and attorneys,
<br /> successors or predecessors in interest,of and from any and all elaimc and demands of
<br /> every kind and nature,in law,equity or otherwise,known or unlanamn, suspected or
<br /> unsuspected,disclosed or undisclosed,whether in tort, contract (express or implied),or
<br /> otherwise, for damages actual and consequential.past,present and future, arising out of
<br /> or in anyway related to those matters set forth in the Recitals to this.agreement, or any
<br /> matter that was alleged or could have been alleged in airy of the ploadings related to the
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<br /> 368557-6
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