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8. The Parties agree that if Landowners file and serve the request described in the preceding section that they will proceed with the trial of the Lawsuits, determining both the right to take and just compensation for the acquisition, damages to the remainder, and just compensation for the use and occupation of the property from July 1, 1997 to October 1, 2001. In the event District abandons its Second Action upon Landowners' resumption of the trial of the Lawsuits, District will remove all improvements and return the subject property to its original condition. 9. It is further agreed by and between the Parties that should this matter returned to the trial court for a trial of the issues of the right to take and just compensation, that the date of valuation for the First Action shall be the term from July 1, 1997 to October 1, 2001 for the use and occupation of the property, and that the date of valuation for the acquisition of property and any damages to the remainder in the Second Action shall be July 19, 2001. 10. The Parties agree that each side shall bear its own attorney's fees, litigation expenses, costs and any other sums expended related to the Lawsuits, and that part of the consideration for this agreement is a waiver and release by Landowners of any and all compensation or damages for any use or possession of the Subject Property by District or any other interference with any other property interests of landowners. 11. It is the intention of the Parties that this Agreement be enforceable pursuant to Code of Civil Procedure § 664.6. 12. The Parties further agree at this time that they will waive any rights to dismissal of either of the Lawsuits under Code of Civil Procedure §§ 583.310, 583.410, 583.420 or any other statute requiring dismissal due to the passage of time and agree that all such time periods shall be tolled for a period of two years after the request to return to trial described above is served and filed. 13. Should the two year period or other period described in Section 7 above for seeking approvals expire and Landowners do not request a return to the court, as described above, the terms of this Agreement shall be fully enforceable except for the waiver and release of the condition of approvals and the right to return to court for trial of the issues. In the event the Landowners do not seek return to court as described herein, the Parties hereby release and forever discharge each other, and their respective current and foriner servants, agents, directors, officers, employees, shareholders, parent corporations, subsidiaries, related companies, assigns, insureds, insurers and attorneys, successors or predecessors in interest, of and from any and all claims and demands of every kind and nature, in law, equity or otherwise,known or unknown, suspected or unsuspected, disclosed or undisclosed, whether in tort, contract(express or implied), or otherwise, for damages actual and consequential,past, present and future, arising out of or in anyway related to those matters set forth in the Recitals to this Agreement, or any matter that was alleged or could have been alleged in any of the pleadings related to the 4 368557-6