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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. <br />2of7 <br />