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4. Irrevocable Instructions to the Escrow Agent . Paragraph 3 above shall be deemed to constitute irrevocable instructions by Seller and Buyer to Escrow Agent to disburse the Escrow Funds as set forth in such paragraph . 5 . Environmental Documents . Within ten ( 10 ) days of execution of this Agreement by all parties, Seller shall deliver to Buyer, or cause to be delivered to Buyer by Seller ' s consultant , without warranty of accuracy, at the office of the County Attorney at 1801 27`x' Avenue, Vero Beach, Florida, paper or electronic copies on a computer disc (at Seller' s option) of the following documents relating to remediation efforts undertaken by Seller ' s consultant prior to the date of this second amendment : elevation surveys for all on site and off site monitoring wells , any potable and irrigation well surveys (within 1 /4 anile radius of the property), any statistical analysis of the sampling data, and any summaries or minutes of meetings or conference calls with DEP . 6. Dismissal of Lawsuit. Within ten ( 10) days of completion of the obligations set forth in paragraphs 3 and 5 above , and clearance of the Disbursement Checks, Seller shall dismiss the Lawsuit with prejudice, each party to bear its own attorney ' s fees , costs , and expenses . 7 . Release. Each party ( Seller, Buyer and Escrow Agent) hereby releases, satisfies, discharges and acquits each of the other parties from all claims , causes of action, damages , expenses or other liabilities of any type whatsoever, arising out of or relating to the Escrow Agreement, First Amendment or the Lawsuit (" Settled Matters") . It is the intent of the parties that this release shall extend fully to all matters relating to the Settled Matters , and neither party shall hereafter have any rights or owe any obligations to any other party by reason of the Settled Matters . 8 . Termination of Escrow Agreement. The Escrow Agreement, including the First Amendment, are hereby terminated and of no further force or effect. 9. Effective Date. This Agreement shall become effective on the date that it is signed by all parties , except that paragraphs 7 and 8 above shall become effective upon completion of all matters set forth in paragraphs 3 , 5 and 6 above . 10. Counterparts . This Agreement may be executed in counterparts , and the counterparts together shall constitute the agreement of the parties . Page 2 of 3