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and each of them, from any liability whatsoever incurred on the property due to the District's use.of the property that was not caused by any action of the Landowners. During the term of the Lease, the Landowners shall not take steps to change the zoning of the Subject Property without the written consent of the District. Such consent will not be unreasonably withheld as long as any proposed change would not have the effect of frustrating the terms of this Agreement or of the underlying Lease. 5. In exchange for the Landowners' Agreement to allow the District to lease and use the Subject Property as stated herein, the District agrees to provide entitlement to connections and the right to sanitary service for 30 residences on the remainder parcel. This is limited to the entitlement and service. The Landowners or their successors or assignees shall pay all costs associated with obtaining and using service, infrastructure, and any plant, infrastructure, or facility modifications or improvements required by the addition of Landowners' usage. It is understood by the Parties hereto that the Landowners will pay any and all costs and construct any infrastructure which would ordinarily be borne by owners developing land within the District, including any regular or special assessments imposed upon property within the boundaries of the District. The District warrants that its existing plant has sufficient capacity to accommodate the aforesaid thirty connections. 6. Landowners agree to use best efforts to obtain approval within two years from all government or regulatory agencies to allow development of Landowners' remaining property for use of the 30 connections agreed to herein. The District agrees to reasonably cooperate with Landowners' application to any government agency, and will not oppose or interfere with any lawful application brought by Landowners for single family residential use. 7. If as of a date two years after the execution of this Agreement, Landowners have not acquired the requisite permits or approvals from agencies other than the District for use of the connections granted herein, Landowners may serve on District and file with the court a request in writing that the matter be reset on the court's calendar. If the Landowners do not file and serve such request in writing on or before 60 days have expired after the two year period, the condition that Landowner obtain approvals and permits is deemed waived and the remaining terms of this Agreement shall be fully enforceable. It is expressly understood and agreed by the Parties that a failure to serve and file such notice terminates the condition of obtaining approvals described in section 6 and this section, and this Agreement shall become final. Notwithstanding the above,in the event landowners, their successors or assigns,have made a complete application for entitlement(s) and the entitlement process is stayed by litigation, court order,or administrative action, or any approval, once granted, is challenged by litigation, ballot initiative or referendum or similar third party action(all herein referred to as "occurrence")then the two-year period referenced herein shall be automatically extended for an equal amount of time as the delay occasioned by the occurrence, for up to two years,not to exceed a total four year.maximum period of time from the time of execution of this Agreement. Landowners shall promptly file and serve written notice of any such occurrence when such occurrence is initiated. 3 368557-6