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settlement, and reasonable attorneys' fees), which any or all of them may suffer, incur, be
<br />responsible for or pay out as a result of or in connection with the Litigation and any
<br />challenge to the legality, validity, or adequacy of this Agreement and the proceedings
<br />undertaken in connection with the adoption or approval of the Agreement or its provisions.
<br />5. Third Party Beneficiaries. Richard Keith Finkel, Bundy -Finkel Architects,
<br />Russell Fischer LP, and Chase Russell are the sole third party beneficiaries of this
<br />Agreement, and, as such, possess all of the rights of the Parties to enforce the terms and
<br />conditions hereof.
<br />6. Parties' Actions. The Parties shall take such steps and execute such other
<br />documents as may be reasonably necessary to comply with the provisions of this
<br />Agreement. Notwithstanding the foregoing, by executing this Agreement, the Parties
<br />acknowledge and agree that the Real Parties shall have no obligation to further participate
<br />in the Litigation whatsoever, including without limitation, any obligation to oppose
<br />Plaintiffs' efforts to obtain a judgment against the Defendants and Real Parties, or
<br />Plaintiffs' efforts to recover allorney's fees if Plaintiffs are successful in the Litigation.
<br />7. Releases. Except for the rights and obligations created or reserved by this
<br />Agreement, the Parties hereby release, acquit, and discharge each other and each other's
<br />current, former, and future owners, officers, officials, members, assignees, affiliated
<br />entities, employees, agents, directors, attorneys, and authorized volunteers from any and
<br />all claims, demands, damages, sums of money, costs, expenses, actions, rights, causes of
<br />action, appeals, agreements, promises, obligations, liabilities, and all other liability of any
<br />kind or nature whatsoever whether direct or indirect, known or unknown, suspected or
<br />claimed, fixed or contingent, liquidated or unliquidated, which the Parties have had, now
<br />have, or may hereafter have against each other that was, or could have been, asserted in
<br />and/or arising from the Litigation.
<br />8. Waiver of Civil Code Section 1542. With respect to the foregoing releases,
<br />the Parties hereby acknowledge and represent that they have been fully informed by their
<br />respective counsel of the contents of, and hereby expressly waive any and all rights and
<br />benefits conferred by, the provisions of California Civil Code section 1542, which states
<br />as follows:
<br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
<br />CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN
<br />IRS OR HER FAVOR AT THE TIME OF EXECUTING TI4E RELEASE, WHICH IF
<br />KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER
<br />SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
<br />9. Attorneys' Fees. In the event that any Party to this Agreement institutes or
<br />defends against any action, or proceeding, including but not limited to, litigation or
<br />arbitration, to preserve, protect, or enforce any claim or right arising under this
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