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construction, negligent design, standard negligence, breach of contract, breach of express <br />warranty, and breach of the implied warranty of fitness for purpose. <br />WHEREAS, so as to avoid the necessity of commencing a legal lawsuit at this time, the <br />Parties are willing to extend any and all statutes of limitation and repose relating to the Dispute <br />from the date of this Agreement up to and including the 90th day after the date of this <br />Agreement. <br /> NOW, THEREFORE: <br /> 1. For good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the Parties hereby stipulate and agree that any and all statutes of limitation or <br />repose relating to the Dispute are hereby extended from the date of this Agreement up to and <br />including the 90th day after the date of this Agreement (the “Tolling Date”). The period from the <br />date of this Agreement through the Tolling Date may not be relied upon to support any defense <br />based on any and all statute of limitations, repose, laches, or waiver. However, the Parties <br />explicitly reserve all defenses available to them as of the date of this Agreement and do not waive <br />any defenses available to them as of the date of this Agreement. Nothing herein shall be construed <br />as a shortening of any relevant statute of limitation or repose. <br /> 2. The persons signing this Agreement represent and warrant that they have authority <br />to execute this agreement on behalf of the listed signatories. <br /> <br /> <br />\[SIGNATURE PAGE TO FOLLOW\] <br />2 <br /> <br />