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do <br />the above-described section 10 permit in diligent good faith, then the Department may <br />send a written letter to the County identifying such failure and request the County to <br />cure such failure within twenty (20) days of the date of such letter (hereafter the 'Trigger <br />Letter"). <br />7. If the County fails to cure or explain each failure identified in the Trigger Letter to <br />the Department's satisfaction within twenty (20) days of the date of such letter, then the <br />Department may revoke this agreement in writing. If the Department revokes this <br />agreement, then this agreement will become unenforceable by any party to this <br />agreement, except that the Department may sue the County for an accounting and <br />return of any unused or misused monies contributed by the Department, and the <br />Department will pursue litigation against the Summerplace Petitioners and the Gerstner <br />Petitioners. <br />B. The County agrees to make its best efforts to complete its HCP, apply for a <br />section 10 permit, and respond to requests for additional information by USFWS as <br />soon as practicable. If the County fails to make such best efforts, take required actions <br />within a reasonable time in accordance with paragraphs 3 through 6 above, or <br />otherwise fails to pursue obtaining the section 10 permit in diligent good faith, then CCC <br />may send a written letter to the Department identifyina such faihire end requesting the <br />Department take action to cure such failure within twenty (20) days of the date of such <br />letter. If the Department fails to cure or explain each failure identified in the letter to <br />CCC's satisfaction within twenty (20) days of the date of such letter, then CCC may file <br />a 60 -day notice letter and otherwise proceed with litigation under 16 U.S.C. § 1540(g) <br />despite the prohibitions contained in paragraph 19 of this agreement. <br />