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40 <br />03/15/1999 16:11 050-4138977 FDEP PAGE :5 <br />Department's actions in foregoing the pursuit of an enforcement action or litigating <br />DOM Case Number 98-3501 during the time while this agreement remained in effect <br />should act as a waiver of any rights of the Department or estop the Department from <br />taking any acOw. This Agreement may ntube offered into evidence in am enforcement <br />a dion bj the Depilt rtt against the Gerstner Patitionars in any litigation relating to <br />DOAH Case Number 97-4282 or FLAWAC Case Number DEP RFR 97-008 or in any <br />Mer litigation arising out of or related to any matter at issue in DOAH Gase Number <br />97-4262 or F Cage Number DEP RFR 97-008 except that the Departfnent may <br />offer this aomement into evidence if the Gerstner Petitioners argue that the <br />Department's actions in foregoing the pursuit of an enforcement action or li 'gating <br />DOAH Case Number 97-4282 or FLAWAC Case Number DEP RFR 97-008 during the <br />time while this agreement remained in effect should a as a waiver of anv rights of the <br />Department or estop the Daoartmant from taking anv action <br />15. The Summerolace Petitioners acknowledge that even if the above-described <br />section 10 permit Is issued to the County by the USFWS, the Summerolace Petitioners <br />must 9011 provide a vulnerability study to the Department which provides the <br />Department with reasonable assurance that the Summerplace Petitioners are eligible to <br />receive Department permit IR -512 ATF. If the Surnmerolace Petitioners fail to provide <br />the Department with the above-described vulnerability study by the time the above- <br />described section 10 permit Is issued or if that vulnerability study shows that the <br />SumMig.W,Petitioners are ineligible to receive Department permit IR -512 ATF, then <br />sig <br />