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3.3 PLAINTIFF's Settlement Obligation; Dismissal of Action. In further consideration
<br />of this Agreement, PLAINTIFF agrees to execute and cause to be filed a full and complete dismissal
<br />of the Subject Action as against the CITY, with prejudice, within five (5) business days of payment
<br />of the Settlement Amount.
<br />3.4 Each Party to Bear Its Own Costs and Fees. Each Party shall bear its own attorney's
<br />fees and all other costs (including costs of expert witnesses or other consultants) incurred in the
<br />preparation for filing, prosecution of and defense of the Subject Action and in the preparation,
<br />negotiation, and drafting of this Agreement.
<br />3.5 Mutual Release. In further consideration of this Agreement and in recognition of the
<br />benefits to be derived therefrom, and except as to the rights, duties, and obligations of the PARTIES
<br />as set forth in this Agreement, the PARTIES, and each of them, hereby release and fully, finally and
<br />forever discharge each and every other Party, as well as their respective elected and appointed
<br />officials, board members, owners, predecessors, successors, heirs, executors, administrators,
<br />members, managers, assigns, agents, directors, officers, partners, employees, representatives,
<br />insurance companies, law firms and lawyers, and all persons acting by, through, under, or in concert
<br />with them or any of them, past and present (hereinafter collectively called "Additional Releasees")
<br />of and from any and all manner of actions or causes of action, in law or in equity, suits, debts, liens,
<br />liabilities, claims, demands, and damages of any nature whatsoever, known or unknown, fixed or
<br />contingent (hereinafter called "Released Claims"), including, without limitation, Released Claims
<br />which any Party now has or may in the future have against any other Party and/or the Additional
<br />Releasees, as alleged in or arising out of, or which could have been raised in or could have been
<br />related to the Incident and/or Subject Action.
<br />3.6 Civil Code section 1542 Release. The PARTIES, and each of them, intend that this
<br />Agreement shall be a full and final settlement of and bar to any and all claims and/or causes of
<br />action arising between and/or among them, including without limitation, the Released Claims. In
<br />connection with the release made herein, the PARTIES acknowledge that they may hereafter
<br />discover facts different from or in addition to the facts which they may know or believe to be true
<br />with respect to the Subject Action and/or the Released Claims, but that they intend to fully and
<br />forever settle all disputes with each other and Additional 'Releasees. In furtherance of such
<br />intention, the release given herein shall be and remain in effect as a full and complete mutual
<br />release, notwithstanding discovery of any such different or additional facts. Therefore, the
<br />PARTIES aclmowledge that they have been informed of, and are familiar with, the provisions of
<br />Civil Code section 1542, which provides as follows:
<br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
<br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
<br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
<br />THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
<br />HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
<br />WITH THE DEBTOR.
<br />The PARTIES, and each of them, hereby waive and relinquish all rights and benefits under Civil
<br />Code section 1542 to the full extent that they may lawfully waive all such rights and benefits
<br />pertaining to the claims and/or causes of action arising between and/or among them, including
<br />without limitation, the Released Claims.
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