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BK 00027 PG: 0322
<br />herein shall be deemed to release, and Lee County expressly reserves, claims for enforcement of
<br />this Agreement. Further, nothing herein is intended or shall be deemed to constitute a release or
<br />waiver of any claim, defense, right or remedy of any party based on the failure or alleged failure
<br />of the Duke Released Parties after the date of this Agreement to comply with all Environmental
<br />Laws as related to coal ash at the Site. The release set forth herein shall become effective upon
<br />execution of this Agreement by the Parties.
<br />10. Release of All Claims as to Lee County Duke and Duke Energy Business
<br />Services, LLC, hereby irrevocably release, acquit, and forever discharge Lee County and its
<br />predecessors, successors, affiliates, subsidiaries and assigns, and any person or entity acting for
<br />or on its behalf, including, in their capacities as such, without limitation, their respective past,
<br />present and future commissioners, officers, directors, employees, attorneys, agents, insurers and
<br />reinsurers, and their respective heirs, executors, administrators, representatives, successors and
<br />assigns (collectively, the "Lee County Released Parties "), from any and all past, present or
<br />future actions, causes of action, claims, demands, obligations, rights, costs, damages, and
<br />expenses (including attorney's fees) of any kind whatsoever, whether based on a trespass, tort,
<br />contract, or other theory of recovery, however denominated, asserted or unasserted, known or
<br />unknown, absolute or contingent, whether at law or in equity, arising out of or relating to, directly
<br />or indirectly, the Dispute or the subject of the Dispute (the "Lee County Released Claims ").
<br />Notwithstanding the foregoing, nothing herein shall be deemed to release, and Duke expressly
<br />reserves, claims for enforcement of this Agreement. The release set forth herein shall become
<br />effective upon execution of this Agreement by the Parties.
<br />11. Covenant Not to Sue Except as otherwise expressly provided herein, Lee
<br />County agrees that it will not initiate or pursue, and will not encourage or assist any other person
<br />or entity to initiate or pursue, in any judicial or other forum or proceeding, including, without
<br />limitation, any administrative or regulatory proceeding, or in any other manner, any of the Duke
<br />Released Claims. Further, so Iong as there is material compliance with all Environmental Laws
<br />as related to coal ash at the Site, or Duke, Charah, Green Meadows or their affiliates or assigns
<br />has acted in a commercially reasonable manner to cure or to initiate cure of any non - compliance
<br />after written notice from Lee County, Lee County will not provide comment or opposition to any
<br />requested permits for the Site, whether requested by Duke, Charah, Green Meadows or their
<br />affiliates or assigns, and will not seek to enact any local law, rule, regulation or ordinance, or
<br />take any other action, whether against Duke, or any other party, that would limit or interfere with
<br />Duke's ability to deliver Coal Ash to the Site, or that would otherwise be inconsistent with this
<br />Agreement, including the Release provided for herein. In the event Lee County commences an
<br />action in violation of this covenant not to sue, then this Agreement, including the Release
<br />provided for herein, may be pleaded in bar of such action, and the party against whom the action
<br />is commenced shall be entitled to injunctive relief against Lee County.
<br />12. No Admission This Agreement constitutes a full and complete settlement
<br />(according to the terms stated herein) of disputed claims and liabilities claimed and denied. This
<br />Agreement is entered into for purposes of settlement and compromise only. Neither this
<br />Agreement nor anything contained in it, nor any act or thing done in connection herewith, is
<br />intended to be, or shall be construed or deemed to be an admission of any party of liability, fault,
<br />or wrongdoing, or any admission by any party of any fact, allegation, or claim whatsoever.
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