ELOUISE AUGUSTUS, ET AL. V. CITY OF SANTA ANA (2)

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FOURTH: The parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his, or her settlement with the debtor." FIFTH: Notwithstanding the provisions of Civil Code section 1542, each party hereto hereby irrevocably and unconditionally releases and forever discharges each other party and each and all of its officers, agents, directors, supervisors, employees, agents, representatives, and its successors and assigns and all persons acting by, through, under, or in concert with each other party from any and all charges, complaints, claims, and liabilities of anykind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or 'claims") which each releasing party at any time heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim to have, incidental to the incident(s) which forms the basis of the Action. This release includes without question any and all potential future damages that may Plaintiffs may believe is caused by City -owned tree(s) along the Sandpointe Paseo. This Agreement does not address and is not intended to resolve any damages that may occur during the removal of trees along the Sandpointe Paseo. SIXTH: Plaintiffs agree that except as required by law, statute or rule of court, Plaintiffs will not disclose the terms of this Agreement, including but not limited to its monetary terms, to or with any persons or parties other than a spouse or domestic partner, attorney, or tax consultant or unless otherwise required bylaw. Plaintiffs and Plaintiffs' counsel flirther agree not to Instigate, participate in, engage in disclosing or publicizing to or respond to any media inquiries regarding this case (including newspaper, periodical, television, radio, social media or Internet). The Parties acknowledge that the terms of the settlement and the Agreement are subject to disclosure pursuant to the California Public Records Act. In the event that a Public Records Act request is made for the documents related to this Agreement, the City shall respond only as is necessary to comply with the required disclosure and will use reasonable efforts to notify Plaintiffs' attorney within 10 calendar days of therequest, Thereafter, the City shall respond to any media or other public inquiry regarding the settlement with "no comment." SEVENTH: Each person signing below represents that he/she has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to them and that they understand every provision of this Agreement, that they understand that in agreeing to this document they are releasing each party hereby from any and all claims they mayhave against each party released, that they voluntarily agree to all the terms set forth in. this Agreement, that they knowingly and willingly intend to be legally bound by the same, that they were given the opportunity to consider the terms of this Agreement and discussed them with legal counsel. Each party hereby warrants that they have the authority to enter into this Agreement and bind the party for whose benefit they execute this Agreement. Page 3 of 7