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claims for bodily and personal injuries to Plaintiff, which have resulted or may result from the
<br />alleged acts or omission of the Defendants.
<br />1.2 City, Sureteck and CCO hereby mutually agree to completely release and
<br />forever discharge one another from any and all past, present or future claims, demands,
<br />obligations, actions, causes of action, rights, damages, costs, losses of services, expenses and
<br />compensation of any nature whatsoever, whether based on a tort, contract or other theory of
<br />recovery, which City, Sureteck and CCO now have against each other, arising out of the
<br />Incident or the Litigation, or which may hereafter accrue or otherwise be acquired, on account
<br />of, or may in any way grow out of, or which are the subject of the Litigation or the Incident and
<br />all related pleadings including, without limitation, any and all known or unknown claims for
<br />breach of contract indemnity or additional insured endorsements, which have arisen or resulted
<br />or may result from the alleged acts or omissions of the respective Defendants, whether based in
<br />contacts or implied in equity.
<br />1.3 These releases and discharges shall also apply to Defendants' and each of
<br />their insurers past, present, and future officers, directors, stockholders, attorneys, agents,
<br />servants, representatives, employees, subsidiaries, affiliates, partners, predecessors and
<br />successors in interest, and assigns and all other persons, firms or corporations with whom any of
<br />the former have been, are now, or may hereafter be affiliated.
<br />1.4 These releases and discharges on the part of the parties shall be a fully
<br />binding and full and final complete settlement of any and all claims and liens known and
<br />unknown between and among Plaintiff, Defendants and their assigns, and successors.
<br />1.5 No party shall claim to be the prevailing party in the Litigation.
<br />2.0 Payments
<br />In consideration of the releases set forth above and pursuant to the agreement
<br />reached among the Defendants, Sureteck agrees to pay to Plaintiff the sum of Two Hundred
<br />Thousand Dollars and No Cents ($200,000), made payable to "Law Offices of Andrew
<br />Zeytuntsyan, PC and Carmen Nunez."
<br />All sums set forth herein constitute damages on account of personal physical
<br />injuries or physical sickness, within the meaning of Section 104(a)(2) of the Internal Revenue
<br />Code of 1986, as amended.
<br />Defendants City and CCO agree that in exchange for Sureteck funding the
<br />settlement amount, each will waive all of their respective rights, whether based in contracts or
<br />implied in equity, to pursue post tender fees and costs pursuant to the underlying contracts at
<br />issue in the cross -complaints. City, Sureteck and CCO shall each file dismissals, with prejudice,
<br />of their respective cross -complaints. City, Sureteck and CCO shall bear their own fees and costs.
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