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DocuSign Envelope ID: 1FF13304-6EDF-4069-A4D4-44F9732C6FE8 defined in paragraph 4 below), and differences between them related to the costs incurred by the City in lawfully abating the alleged illegal gaming establishment at the Property. NOW THEREFORE, IN CONSIDERATION of the above recitals, the covenants, conditions, and agreements made herein by the Parties, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: TERMS OF SETTLEMENT AGREEMENT 1. The terms and conditions of the Settlement are provided herein. 2. Partial Refund of Assessment. In consideration for the final settlement of this matter, and in accordance with the terms of this Agreement, the City stipulates and agrees to pay Property Owner a total of Four Thousand Four Hundred and Thirty One Dollars and Nine Cents ($4,431.09) ("Settlement Payment") in partial reimbursement of the Assessment. The Settlement Payment shall be made payable to Property Owner within thirty (30) days of the execution of this Settlement Agreement. The Settlement Payment shall be made to "McFadden Shopping Center" and addressed as follows: Jason Moberly Caruso, Newmeyer Dillion LLP, 895 Dove Street, Second Floor, Newport Beach, CA 92660. 3. California Civil Code Section 1542 Waiver. With respect to the released Claims set forth herein, the Property Owner acknowledges that he has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR ITS 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." THE PROPERTY OWNER AND CITY, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT PERTAINING TO THE RELEASED CLAIMS. The Parties, and each of them, represent and warrant to the other that they execute this Agreement with full knowledge of any and all rights which they may have by reason of any of the matters described herein and they have received herein. Each Party hereby further assumes the risk of mistake of fact in connection with the true facts involved in connection with the matters described herein, and with respect to any facts which are now unknown to them relating thereto, and agrees that this Agreement shall be in all respects enforceable and not subject to termination or rescission by any such difference in facts. Page 2 of 6