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10. Waiver. The MCWD agrees, elleciive upon the Conveyance Date, that the <br />Project within the Ea.senu*ni Area as .set forth herein is the sole and exclusive project or <br />improvement of any type whatsoever that the MCWD will ever construct on the Pearce <br />property, provided, however that the MCWD reserves the right to construct or reconstruct any <br />necessary refinements to the Project within the Easement Area which the MCWD may deem <br />necessary, to meet the performance standards established in the approved design plan <br />described in Section 3 of this Agreement, and provided further that any such refinement must <br />be in strict conformance with the approved Project design described in Section 3 of this <br />Agreement; the MCWD agrees, effective upon the Conveyance Date, to waive and not <br />exercise any right or authority it may have to condemn any portion of the Pearce property for <br />any purpose whatsoever. <br />11. Indemnification. The MCWD hereby agrees to indemnify, defend and hold <br />harmless the Pearces, and each of them, and their representatives, heirs, successors and/or <br />assigns, from and against any and all suits, actions, causes of actions, claims, or proceedings <br />asserted against the Pearces or either of them, or their repre.sentatives heirs, successors and/or <br />assigns, arising out of the Project and/or the MCWD’s construction, operation, or maintenance <br />activities in connection therewith, or any other acts or omissions of the MCWD or its <br />employees, contractors, or agents in connection with the Project, except to the extent caused <br />by the negligence or wrongful conduct of the Pearces. <br />12. Stipulation of Dismi.ssal and Withdrawal of Appeal. The parties agree that they <br />shall cause their counsel to execute, or they shall execute themselves, a separate Stipulation of <br />537/22080000 .5/23/9.S