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8. The Parties agree that if Landowners file and serve the request described <br /> in the preceding section that they will proceed with the trial of the Lawsuits, determining <br /> both the right to take and just compensation for the acquisition, damages 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 event District abandons its Second Action upon <br /> Landowners' resumption of the trial of the Lawsuits, District will remove all <br /> improvements and return the subject 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 for a trial of the issues of the right to take and just <br /> compensation, that the date of valuation for the First Action shall be the term from July 1, <br /> 1997 to October 1, 2001 for the use and occupation of the property, and that the date of <br /> valuation for the acquisition of property 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 fees, <br /> litigation expenses, costs and any other sums expended related to the Lawsuits, and that <br /> part of the consideration for this agreement is a waiver 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 be 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 §§ 583.310, 583.410, <br /> 583.420 or any other statute requiring dismissal due to the passage of time and agree that <br /> all such time periods shall be tolled for a period of two years after the request to return to <br /> trial described above is served and filed. <br /> 13. Should the two year period or other period described in 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 return 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 their respective current <br /> and foriner 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 claims and demands of <br /> every kind and nature, in law, equity or otherwise,known or unknown, 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 any of the pleadings related to the <br /> 4 <br /> 368557-6 <br />