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• <br />• bocusign'Envelope ID:0CF3954D-0089-4C2A-B2C7-6EF99C030D33 <br /> AGREEMENT <br /> In consideration of the mutual promises herein contained, the Parties agree as follows: <br /> 1.0 Release and Discharge <br /> 1.1 In consideration of the terms set forth in Section 2 of this Agreement, Plaintiff& <br /> His Counsel, on behalf of themselves and their agents, heirs, representatives, successors, and <br /> assigns,hereby completely release and forever discharge Defendant, and each of their present and <br /> former agents, directors, officers, public officials, employees, representatives, departments, <br /> attorneys, and all persons acting by, through, under, or in concert with any of them (collectively, <br /> the "Released Parties"), from any and all past or present claims, demands, obligations, actions, <br /> causes of action,rights, damages,costs,losses of services, expenses(including attorneys'fees and <br /> costs actually incurred), known or unknown, suspected or unsuspected, including any tort, or any <br /> federal, state or other governmental statute, regulation, or ordinance, arising out of, or connected <br /> to, any claims, which Plaintiff at any time had, owned or held, or claims to have owned or held <br /> against the Released Parties, which accrued up to and including the date of the execution of this <br /> Agreement and which are based upon the allegations in the Lawsuit. <br /> 1.2 Plaintiff & His Counsel expressly waive and relinquish all rights and benefits <br /> afforded by section 1542 of the California Civil Code and do so understanding and acknowledging <br /> the significance and consequences of such specific waiver of section 1542. Section 1542 of the <br /> California Civil Code states as follows: <br /> A general release does not extend to claims that the creditor or <br /> releasing party does not know or suspect to exist in his or her <br /> favor at the time of executing the release and that, if known by <br /> him or her,would have materially affected his or her settlement <br /> with the debtor or released party. <br /> Thus, notwithstanding the provisions of section '.I 542, and for the purpose of implementing a full <br /> and complete release and discharge, the Parties expressly acknowledge that this Agreement is <br /> intended to include in its effect, without limitation, all claims identified in section 1.1, whether <br /> known or unknown at the time of the execution hereof, and that this Agreement contemplates the <br /> extinguishment of any and all such claims or causes of action up to and including the date of <br /> execution of this Agreement based upon the allegations of the Lawsuit. <br /> 2 <br />