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"Corrigan Lands'). Therefore, on this date, and subject to the terms contained below, Releasors <br />hereby release and hold harmless the District for all past, present, and future claims by Releasors <br />("Released Claims') for any flooding or seepage on Corrigan Lands as a result of the District's <br />activities on lands owned by the District as a part of or in conjunction with the Upper St. Johns <br />River Basin Project ("Project"j. District and Corrigan ackwwledge that there presently exists <br />upon Corrigan Lands certain berms, dikes, or levee systems (hereinafter collectively the "Water <br />Control Structures') a portion of which are situate upon the western portion of the Corrigan <br />Lands lying adjacent to a Project reservoir, and located generally east of the eastern boundary <br />and shoreline of the Project reservoir. The parties acknowledge that. (i) the intended purpose of <br />the Water Control Structures is to protect Corrigan Lands from Bre movement of water from the <br />Project reservoir (in the form of flooding, seepage or other means) on to Corrigan Lands; and (ii) <br />Corrigan is the owner of the Water Control Structures, and District claims no ownership, <br />possessory interest, or right of use thereof; and (iii) Corrigan shall hereafter be allowed to <br />perform such management, maintemmov, and improvement activities upon and about the Water <br />Control Structures to serve the intended purpose indicated above and to protect the Corrigan <br />interests, from and after the Effective Date hereof provided, however, that nothing contained <br />herein shall be construed to eliminate applicable governmental permitting requirements, <br />constitute the issuance of a District permit, or otherwise waive the regulatory or permitting <br />authority of the District. Releasors shall be solely responsible for management, maintenance and <br />Protection of the Corrigan Lands by utilizing the Water Control Structures and any other <br />facilities necessary to protect Corrigan Lands from flooding, provided the District conducts its <br />water management activities m accordance with Paragraph 7-09 e. and Figure 7-4 of the <br />Preliminary Water Control Manual, Central and Southern Project for Flood Control and Other <br />Purposes, Upper St, Johns River Basin, U.S. Army, Corps of Engineers, September 1991 (copy <br />attached hereto as Exhibit "A'). In the event the District fails to conduct its water management <br />activities as set forth herein and above, then Releasors and the District may negotiate an <br />equitable settlement for repair of such damage, or Releasors may undertake any remedies <br />available by law to cure, correct, repair or otherwise rectify any damage to Corrigan Lands <br />resulting From such flooding or seepage, Any claims by Corrigan would be for damages and/or <br />injunctive relief arising on of said failure and not relate back or include any claims previously <br />released herein above. however, this paragraph does not prevent the District from maintaining <br />water levels in Blue Cypress Water Management Area that are lower than the elevations <br />specified in Paragraph 7-09 e. and Figure 74. <br />2. lag Fees. Corrigan acknowledges and agrees that the Released Claims include <br />all claims for costs, expenses and attorneys' fees, taxable or otherwise, incurred by Corrigan. <br />3. Authorit <br />Y. Corrigan represents and warrants that Corrigan has the sole right and <br />exclusive authority to execute this Agreement and to receive the aforesaid consideration, on <br />behalf of itself and on behalf of any entity that could assert aReleased Claim through Corrigan <br />and agrees to hold the District harmless from any such claim. <br />4. Amendment, It is expressly understood and agreed that this Agreement may not <br />be altered, amended, modified or otherwise changed in any respect whatsoever except by a <br />writing duly executed by authorized representatives of the parties hereto. Corrigan hereby agrees <br />that Corrigan will make no claim at any time or place that this Agreement has been orally altered <br />or modified or otherwise changed by oral communication of any kind or character, <br />469 <br />