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<br /> -. <br /> !Ji~@!%@U <br />delivery of effluent from the City of Louisville wastewater treatment plant under that certain <br />Right-of- Way Agreement recorded October 15, 1951 in Book 895 at Page 202 (the" 1951 <br />Agreement"). <br />(e) Further, nothing herein, nothing in any orders issued herein, and nothing in <br />any discussions or communications between Plaintiffs and Defendant City of Louisville <br />during the pendency of this Litigation, are intended or shall be construed to affect in any way <br />any rights or claims of Plain tit Is, if any, in or to the effluent or the use or delivery ofeffluent <br />from the C:ity of Louisville wastewater treatment under the 1951 Agreement. Similarly, <br />nothing herein, and nothing in any discussions or communications between Plaintiffs and <br />Defendant City of Louisville during the pendency of this litigation, are intended or shall be <br />construed to affect in any way any claims and substantive or procedural defenses the <br />Defendant may have to any such asserted rights or claims of Plaintiffs. The parties stipulate <br />that all such rights, claims and defenses are hereby preserved. <br />(0 The final order(s) issued by this Court will contain specific reference to the <br />City of Louisville's interests in the real property at issue listed in paragraph 3(a) above, v,rill <br />incorporate the provisions of paragraph 3(d) above, and will be consistent with this <br />Stipulation. Defendant City of Louisville shall remain a pm1y to this action for sole purpose <br />of ensuring that any final order(s) are consistent with this Stipulation. <br />WHEREFORE, Plaintiffs and the Defendant City of Louisville respectfully request that their <br />joint stipulation and agreement herein and the City of Louisville's disclaimer be entered as an Order <br />of the Court and that pursuant to such Order, the Defendant City of Louisville's counterclaim be <br />dismissed with prejudice, each party to pay their own costs and attorneys fees. <br />DATED this _ day of ,2007. <br /> Respectfully submitted, <br /> LIGHT, HARRINGTON & DAWES, r.c. <br /> - <br /> By: Samuel J. Light, No. 22883 <br /> Attorneysfor Defendant City of Louisville <br /> FRASCONA, JOINER, GOODMAN AND <br /> GREENSTEIN, P.c. <br /> 4 <br />