|
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
<br />all purposes in the Distributor Settlement, including but not limited to all provisions of
<br />Part XI, and along with all departments, agencies, divisions, boards, commissions,
<br />districts, instrumentalities of any kind and attorneys, and any person in their official
<br />capacity elected or appointed to serve any of the foregoing and any agency, person, or
<br />other entity claiming by or through any of the foregoing, and any other entity identified
<br />in the definition of Releasor, provides for a release to the fullest extent of its authority.
<br />As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
<br />irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be
<br />brought, filed, or claimed, or to otherwise seek to establish liability for any Released
<br />Claims against any Released Entity in any forum whatsoever. The releases provided for
<br />in the Distributor Settlement are intended by the Parties to be broad and shall be
<br />interpreted so as to give the Released Entities the broadest possible bar against any
<br />liability relating in any way to Released Claims and extend to the full extent of the
<br />power of the Governmental Entity to release claims. The Distributor Settlement shall be
<br />a complete bar to any Released Claim.
<br />9. The Governmental Entity hereby takes on all rights and obligations of a Participating
<br />Subdivision as set forth in the Distributor Settlement.
<br />10. In connection with the releases provided for in the Distributor Settlement, each
<br />Governmental Entity expressly waives, releases, and forever discharges any and
<br />all provisions, rights, and benefits conferred by any law of any state or territory of
<br />the United States or other jurisdiction, or principle of common law, which is
<br />similar, comparable, or equivalent to § 1542 of the California Civil Code, which
<br />reads:
<br />General Release; extent. A general release does not extend to claims that
<br />the creditor or releasing party does not know or suspect to exist in his or
<br />her favor at the time of executing the release that, if known by him or her,
<br />would have materially affected his or her settlement with the debtor or
<br />released party.
<br />A Releasor may hereafter discover facts other than or different from those which it
<br />knows, believes, or assumes to be true with respect to the Released Claims, but each
<br />Governmental Entity hereby expressly waives and fully, finally, and forever settles,
<br />releases and discharges, upon the Effective Date, any and all Released Claims that may
<br />exist as of such date but which Releasors do not know or suspect to exist, whether
<br />through ignorance, oversight, error, negligence or through no fault whatsoever, and
<br />which, if known, would materially affect the Governmental Entities' decision to
<br />participate in the Distributor Settlement.
<br />11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement,
<br />to which Governmental Entity hereby agrees. To the extent this Election and Release is
<br />interpreted differently from the Distributor Settlement in any respect, the Distributor
<br />Settlement controls.
<br />
|