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do <br />40 <br />03;15/1999 15:11 850-4138977 FDEP PAGE <br />agreement void by sending a written letter expressly to stating to all signatories of this <br />agreement. <br />11. The Department will forego pursuing any enforcement action against 1jg <br />SummeMIK Petifloners am the gMtner Petitioners while this agreement remains in <br />effect. <br />12. The Department and the Sumnl=lace Petitioners will forego litigating DOM <br />Case Number W3501 while this agreement remains in effect. The Department and the <br />92 tner Petitioners will forego litigating DOAH Cess Number -97-4262 and FLAWAC <br />Case Number DEP RFR 97.008 while this agreement remains in effect <br />13. The Surnmerotace Petitioners acknowledge that the Department's agreement to <br />forego any enforcement action against the ,§ummer2lace Petitioners or forego litigating <br />DOAH Case Number 98-3501 while this agreement remains in effect does not form the <br />basis for an estoppel or waiver against the Department._ The Gerstner Petitioners <br />ag&m Aadge that the et'artment's agreement to foveae env enforg�ment adian <br />against the Gertner Petitioners or forego litioatfng DOAH Case Number 97-42t32 anti <br />FLAWAC Case Number DEP RFR 97-008 while this agreement remains in effect does <br />not form the basis for an est000el or waiver against the Department <br />14. This agreement may not be offered into evidence In any enforcement action by <br />the Department against the Summerplace Petitionbrs, in any litigation relating to DOM <br />Case Number 98-3501, or in any other litigation arising out of or related to any matters <br />at issue in DOM Case Number 98.3501, except that the Department may offer this <br />agreement into evidence If the the Summerplaca Petitioners argue that the <br />716 <br />