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40 <br />r] <br />0 <br />03/15/1999 19:11 850-4138977 FDEP PACE 23 <br />CCC may send s written letter to the Department identifying such failure and requesting <br />the Department take action to cure such failure within twenty (20) days of the date of <br />such letter. If the Department fails to cure or explain each failure identified in the letter <br />to CCC's satisfaction within twenty (20) days of the data of such letter, then CCC may <br />file a 60 -day notice letter and otherwise proceed with litigation under 16 U.S.C. § <br />1540(8) despite the prohibitions contained in paragraph 19 of this agreement. <br />9. If the USFWS denies the County's application for the above-described section <br />10 permit and all appeals have been exhausted, then this entire agreement will be void <br />�d the Department will pursue litigation against tyle Summerplaoe Petitioners and the <br />Gerstner petitioners. <br />10. The Department will contribute funding to the County that will only be used to <br />develop the HCP and to obtain the above-described section 10 permit from the <br />estimste from the subcorwaetor selected to develop the plan Future monitoring coats <br />All be eligible for cost sharing by the Department's §ureau of Beaches and Coastal <br />Systems in asaociatlon with State -funded beach restgodion proiects MonitQf1 <br />outside of tho HCP pro!= MA; y.;" not be aiigibis for cost sherina by the Bureau. I <br />B: -If the Department fails to contribute the amount of funding to which the Department <br />has d in this , then the County may declare this <br />bib <br />