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I Florida Administrative Code . This Resolution Agreement is not intended to directly or indirectly authorize the temporary or permanent operation of the Facility . (a) The Department , in consideration of and in exchange for the Respondent ' s commitment and agreement to adhere to the requirements set forth in Sub-Paragraph 8 (d) , below , hereby conditionally waives its right to sue the Respondent for the violations addressed by this Resolution Agreement . This waiver is conditioned upon the Respondent' s complete compliance with all of the terms of this Resolution Agreement . If the Respondent fails to comply with any of the terms and conditions of this Resolution Agreement , the conditions of the waiver will be considered not to have been met and the waiver will not become effective . (b) The Respondent further agrees not to assert any claims of waiver and/or estoppel against the Department in the event the Respondent fails to comply with any requirement of this Resolution Agreement , and the Department , as a result thereof, elects to pursue the Respondent for civil penalties assessed as a result of the Respondent ' s non-compliance with the terms of this Resolution Agreement . (c) The Respondent acknowledges and agrees that in no event shall this Paragraph 8 be construed to apply as a waiver by the Department to undertake causes of action not addressed by this Resolution Agreement . (d) The Department ' s conditional waiver of its right to sue as detailed in Paragraph 8 (a) , above , is also expressly conditioned upon the Respondent ' s complete and timely performance of all requirements set forth in this Paragraph . Respondent shall comply with the following corrective actions within the stated time periods : 1 . Within 45 days of the effective date of this Resolution Agreement , Respondent shall prepare an operation/maintenance protocol for effluent systems R001 and D001 and submit it to the Department for review and approval . The purpose of this document shall be to put safeguards in place to enhance communications , prevent communications failures and encourage communicates between the consultant, management and operation personnel . Upon Department approval , the Respondent shall implement the protocol . 3 of 11 OGC File No . 04- 1977