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NOW, THEREFORE, in consideration of the covenants and conditions contained
<br />herein, the Parties agree as follows:
<br />I. RECITALS INCORPORATED BY REFERENCE
<br />Each recital set forth above is incorporated herein by this reference and made a part of the
<br />Agreement between the Parties.
<br />II. TOLLING AGREEMENT
<br />In accordance with this Agreement, Colton and County, on behalf of themselves and their
<br />respective predecessors and successors, hereby agree to toll the running of any statutes of
<br />limitation, exhaustion of administrative remedies and claims procedures, laches or other defenses
<br />based on the passage of time for potential claims, and any other statute, law, rule or principle of
<br />equity with similar effect (collectively "Statutes of Limitation") during the Tolling Period
<br />provided by this Agreement with respect to any and all Federal, State and County Code rights,
<br />claims, causes of action, counterclaims, third -party claims, or cross-claims either Party may wish
<br />to assert against the other Party or its predecessors in interest, and each of them, that are based on
<br />or arise out of any alleged soil or groundwater perchlorate contamination in the Colton -Rialto
<br />Groundwater Basin (the "Claims"). This Agreement shall commence as of January 17, 2003 and
<br />continue until such time as this Agreement is terminated pursuant to paragraph VI of this
<br />Agreement (the "Tolling Period"). Colton and the County agree that the Tolling Period shall be
<br />excluded from all computations of any limitations period applicable to the Claims. Colton and
<br />the County agree that they will waive and shall not plead, assert, or otherwise raise the Tolling
<br />Period in support of any Statutes of Limitation applicable to the Claims, to the extent such
<br />limitations period or other time related defense is tolled by this Agreement, as a bar to or other
<br />limitation on any Claim.
<br />III. NO WAIVER
<br />The Parties, and each of them, do not waive and expressly reserve any and all Federal,
<br />State and County Code rights, claims, causes of action, counterclaims, cross-claims, third -party
<br />claims, and defenses, including but not limited to, Statutes of Limitation, except as to the Tolling
<br />Period. This Agreement has no effect on, and shall not revive, any and all Federal, State and
<br />County Code rights, claims, causes of action, counterclaims, cross-claims, third -party claims, or
<br />defenses already barred, tolled, or otherwise extinguished as of the date of this Agreement, or
<br />any period of time which has expired prior to this Agreement.
<br />IV. STANDSTILL AGREEMENT
<br />Colton agrees to refrain from filing a lawsuit against the County based on or arising out
<br />of the Claims until such time as this Agreement expires or is terminated as to any party or parties
<br />under Section VI herein.
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