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40 <br />13. The Summerplace Petitioners acknowledge that the Department's agreement to <br />forego any enforcement action against the Summerplace Petitioners or forego litigating <br />DOM 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 />acknowledge that the Department's agreement to forego any enforcement action <br />against the Gerstner Petitioners or forego litigating DOM Case Number 97-4262 and <br />FLAWAC Case Number DEP RFR 97-008 while this agreement remains in effect does <br />not form the basis for an estoppel 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 Petitioners, 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 DOAH Case Number 98-3501, except that the Department may offer this <br />agreement into evidence if the the Summerplace Petitioners argue that the <br />Department's actions in foregoing the pursuit of an enforcement action or litigating <br />DOAH 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 action. This agreement may not be offered into evidence in any enforcement <br />action b the Department against the Gerstner Petitioners, in any litigation relating <br />Y P g any .�y��.�a�� �ciaw�y w <br />DOM Case Number 97-4262 or FLAWAC Case Number DEP RFR 97-008, or in any <br />other litigation arising out of or related to any matters at issue in DOM Case Number <br />97-4262 or FLAWAC Case Number DEP RFR 97-008, except that the Department may <br />offer this agreement into evidence if the Gerstner Petitioners argue that the <br />Department's actions in foregoing the pursuit of an enforcement action or litigating <br />