MEZA-GOMEZ, FELIX AND UNION PACIFIC RAILROAD COMPANY

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set forth herein without first receiving a fully executed copy of the Agreement from Plaintiff. (b) Following receipt of, or in exchange for, an executed copy of a Request for Dismissal from Plaintiff dismissing this Action with prejudice, C it will make available a check in the amount of One Hundred Twenty -Six Thousand Eight Hundred Fifty Dollars ($126;850) made payable to "FELIX MEZA-GOMEZ AND THE LAW OFFICES OF GENE J. GOLDSMAN." and Union Pacific will make available a check in the amount of Two Hundred Thousand Dollars W00,000) made payable to "FELIX MEZA- GOMEZ AND THE LAW OFFICES OF GENE J. GOLDSMAN." City will file the Request for Dismissal of Plaintiff's claims after delivering the check. Plaintiff, City and Union Pacific agree that this Agreement constitutes full and complete settlement of all claims and damages made against City and Union Pacific in the Action. Plaintiff will not seek any further compensation for any other claimed damages, costs, or attorneys fees in connection with the matters encompassed in this Agreement. Further, upon receipt of Plaintiffs Request for Dismissal, City and Union Pacific will each prepare and file a Request for Dismissal with prejudice of their respective cross complaints brought against one another. City and Union Pacific will not seek any fiirther compensation against one another for any other claimed damages, costs, or attorneys fees in connection with the matters encompassed in this Agreement. (c) Each party to this Agreement sball bear its own attorneys' fees and costs incurred in connection with this Action, including costs for the settlement negotiations. (d) Plaintiff acknowledges and agrees that City and Union Pacific have made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees that he alone is liable for all taxes, if any, which are owed by him on any amount received hereunder including interest and penalties. Plaintiff will hold City and Union Pacific harmless from any and all claims made by federal, state, or local taxing authorities or lien holders who identify liens for amounts owed by Plaintiff related to the facts that gave rise to the Action. THIRD: (a) Plaintiff represents that, with the exception of the Action and the government tort claim associated therewith and submitted to the City of Santa Ana, he has not filed any complaints, claims, or actions against City including any of its officers, agents, directors, supervisors, employees, or representatives with any state, federal, or local agency or court and that he will not do so at any time hereafter as it relates to the Action. Plaintiff further represents that if any agency or court assumes jurisdiction of any complaint, claim, or action against City on Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss with prejudice the matter. (b) Plaintiff represents that, with the exception of the Action, he has not filed any complaints, claims, or actions against Union Pacific including any of its officers, agents, directors, supervisors, employees, or representatives with any state, federal, or local agency or court and that he will not do so at any time hereafter as it relates to the Action. Plaintiff further represents that if any agency or court assumes jurisdiction of any complaint, claim, or action against U n i o n P a c i f i c on Plaintiff s behalf, Plaintiff will direct that agency or court to withdraw and dismiss with prejudice the matter. E