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(b) In exchange for the payment of the Settlement Amount, Awans shall dismiss
<br />the Action with prejudice, as against all Parties, within five days of receiving payment.
<br />3. RELEASE.
<br />(a) For good and valuable consideration, the receipt and adequacy of which is
<br />hereby acknowledged, the Parties hereby release, waive and discharge each other, and their
<br />affiliated entities, and each of their respective officers, officials, employees, agents, volunteers,
<br />contractors and attorneys from any and all alleged and actual claims, damages, fees, costs,
<br />remedies, causes of action, demands, and other liabilities (collectively, "Claims") which the
<br />Parties now have or may have, arising out of or in any way related to the Property, the Project or
<br />the Action, including any claim for loss of goodwill, any claim for relocation benefits, and all
<br />Claims asserted, or that may have been asserted, in the Action. The foregoing release mid waiver
<br />('Release' ), applies to all Claims, whether retrospective, current, or prospective, known or
<br />unknown, foreseeable or unforeseeable related to the Property, the Project or the Action. The
<br />Release is made by the Parties for themselves, their agents, assigns and related entities.
<br />(b) It is the intention of the Parties that the Release shall be effective as a bar to all
<br />claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts,
<br />liabilities, obligations, interest, and attorneys' fees, of every character and kind, known or
<br />unknown, existing or contingent, latent or patent; and in furtherance of such intention, the Parties
<br />expressly waive any and all rights conferred upon it by the provisions of California Civil Code
<br />Section 1542, which reads as follows:
<br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
<br />WHICH THE CREDITOR DOES NOT KNOW OR
<br />SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
<br />TIME OF EXECUTING THE RELEASE, WHICH IF
<br />KNOWN BY HIM OR HER MUST HAVE MATERIALLY
<br />AFFECTED HIS OR HER SETTLEMENT WITH THE
<br />DEBTOR.
<br />(c) The Parties acknowledge that they may hereafter discover facts or law different
<br />from or in addition to those which they now believe to be true with respect to the Release. The
<br />Parties agree that the Release shall be and remain effective in all respects, notwithstanding such
<br />different or additional facts or law or any parties discovery thereof. The Parties shall not be
<br />entitled to any relief in connection therewith, including but not limited to any damages or any
<br />right or claim to set aside or rescind this Settlement Agreement.
<br />4. NEcEssAuv ACTS. Each Party will perform any further acts and execute and deliver any
<br />further documents that may be reasonably necessary to carry out the provisions of this Settlement
<br />Agreement.
<br />5. AuTnourry To SIGN. Each Party warrants that the individuals who have signed this
<br />Settlement Agreement on behalf of that Parry have the legal power, right, and authority to so sign
<br />and thereby bind that Party and its heirs, personal representatives, successors and assigns and any
<br />person or entity that may otherwise be entitled to grant the Release.
<br />6. ENTIRE AGREEMENT; AMENDMENTS. This Agreement is the entire agreement between
<br />the Parties concerning the subject matter hereof, and supersedes any prior negotiations,
<br />discussions, oral or written communications, or agreements between the Parties. 'The terms of
<br />this Agreement may only be modified or amended by an instrument in writing executed by all
<br />Parties.
<br />7. GOVERNING Law; VENUE. This Settlement Agreement shall be governed by and
<br />construed in accordance with the laws of the State of California. Any legal action or proceeding
<br />concerning this Settlement Agreement shall be filed and prosecuted in the appropriate California
<br />state court in the County of Orange, California.
<br />8. No INTERPRETATION AGAINST DRAFTER; ADVICE OF COUNSEL. This Settlement
<br />Agreement is to be construed fairly and not in favor of or against any Party regardless of which
<br />
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