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2 . Waiver of Water Connection Requirements. Notwithstanding the rights <br /> provided to IRC by any franchise agreement, other agreement, or Indian River County ordinance, <br /> IRC fully and finally waives, relinquishes and releases all rights to require Countryside, or any <br /> aspect thereof, to connect to Indian River County' s water system . <br /> 3 . Voluntary Connection to Water System. Provided IRC has the capacity to <br /> serve Countryside, IRC shall permit Countryside to voluntarily connect to IBC ' s water system <br /> upon payment of the water impact fees in effect at the time of the requested connection. <br /> Countryside shall receive a credit of One Hundred Fifty Thousand Dollars ($ 150,000) against <br /> any future water impact fees or connection fees associated with any connection to IBC ' s water <br /> system. <br /> 4. Emer¢ency Water Connection . IRC shall allow MHC to construct and install, <br /> at MHC ' s own expense, a connection between Countryside ' s existing water system and IBC ' s <br /> water system to be used only in the event of an emergency. MHC shall pay the then existing <br /> rates and fees for bulk water usage for water consumed during such emergency; however, MHC <br /> shall not be required to pay impact or related fees for such emergency use. <br /> 5 . Mutual Releases . <br /> a. For and in consideration of the covenants described herein, upon payment <br /> of the agreed sum for sewer impact fees as provided in paragraph one ( 1 ) above, the parties <br /> hereby unconditionally, fully and completely release and covenant not to sue the other and the <br /> Released Parties described below from all, any and every manner of action and actions, cause <br /> and causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, <br /> contracts, controversies, agreements, promises, damages and claims, whether civil, criminal, <br /> legal, ethical, moral or otherwise which either party has, may have had, or may have claimed to <br /> have had against the other party or the released parties in any way related to the Action or the <br /> facts and circumstances described in the Action. <br /> b. For the purposes of the foregoing Release, the Released Parties shall <br /> include MHC Countryside At Vero Beach, L.L. C ., MHC Operating Limited Partnership, Equity <br /> Lifestyle Properties, Inc. , MHC Financing Limited Partnership Two and their officers, directors, <br /> stockholders, members, partners, subsidiaries, parents, and affiliates, and the Board of <br /> Commissioners of Indian River County, Florida, as well as the agents, employees, servants and <br /> attorneys of each. <br /> 6. Scone of Full Release . The parties recognize that there may exist issues, claims, <br /> rights and entitlements relating to the Action or the facts or circumstances described in the <br /> Action which are, as of the Effective Date hereof, unknown or undiscovered in whole or part, <br /> including currently unknown additional damages or ramifications of financial conditions which <br /> are known to exist as well as those which are not known to exist; nonetheless, it is the clear and <br /> absolute intent of the parties hereto to fully and finally release each other from all claims of any <br /> nature whatsoever which each party may have against the other from the beginning of the world <br /> to the Effective Date of this Agreement relating to the Action or the facts and circumstances <br /> described in the Action. <br /> -2- <br />