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Docusign Envelope ID:OF42FBD7-AC52-4266 A257-BBE14D182B71
<br /> 3.0 Dismissal of the Action.
<br /> 3.1 Execution and Delivery of Stipulation„for Dismissal. Within five(5)court days of
<br /> the Effective Date of this Agreement,the Parties shall cause their respective attorneys of record
<br /> in the Action to execute and exchange with each other the signature pages for a Stipulation for
<br /> Order of Dismissal pursuant to FRCP Rule 41(a)(1)and[Proposed] Order Dismissing the Action
<br /> ("Stipulation for Dismissal"),dismissing the Action with prejudice,in the form set forth in
<br /> Exhibit 2, attached to this Agreement.
<br /> 3.2 Submission of Stipulation for Dismissal for Court Approval. Within three (3)
<br /> court days of delivery of the Settlement Payment by the City to Plaintiff, as set forth in Section
<br /> 2.0,Plaintiff shall file the executed Stipulation for Dismissal, dismissing the Action with
<br /> prejudice.
<br /> 4.0 Limited Releases. For purposes of the releases set forth in this Agreement:
<br /> a. The term"SOS"shall mean and refer to plaintiff Share Our Selves Corporation
<br /> and to each of the following persons and entities: SOS's present, former, or fixture directors,
<br /> officers,employees, doctors,nurses,healthcare staff, contractors, consultants, agents,
<br /> representatives (including,but not limited to,Turner and each of Turner's Related Persons as
<br /> defined below),attorneys, insurers,parents, subsidiaries, affiliates,successors, assigns,
<br /> assignors, and any other persons or entities acting on behalf of SOS or under its direction or
<br /> control (hereinafter, all such persons and entities shall collectively be referred to as"SOS's
<br /> Related Persons');
<br /> b. The term"Turner"shall mean and refer to Turner Healthcare Facilities
<br /> Acquisition LLC,and to each of the following persons and entities:Turner's present,former,or
<br /> .future divisions, affiliates,units, direct and indirect parents, subsidiaries,related
<br /> companies/entities(including,but not limited to,Turner Impact Capital, LLC), shareholders,
<br /> officers,directors, employees, contractors, consultants, agents,representatives,insurers,
<br /> attorneys,successors, assigns,and any other persons or entities acting on behalf of Turner or
<br /> under its direction or control(hereinafter, all such persons and entities shall collectively be
<br /> referred to as"Turner's Related Persons").
<br /> C. The term"City"shall mean and refer to defendant City of Santa Ana and to each
<br /> of the following persons and entities:the City Council and its present and former
<br /> councilmembers,the Planning Commission and its present and former commissioners,and the
<br /> City's officers,staff members, attorneys, directors,managers,planners,representatives,agents,
<br /> employees, (hereinafter, all such persons and entities shall collectively be referred to as the
<br /> "City's Related Persons").
<br /> 4.1 SOS's Limited Release of the City and the„City's Related Persons. By this
<br /> Agreement, SOS,on behalf of itself,and Turner,and their respective Related Persons,and their
<br /> successors and assigns,hereby releases and discharges the City,and each of the City's Related
<br /> Persons,from any and all claims, actions,causes of action, suits,debts,liens,rights,agreements,
<br /> demands,contracts, covenants,obligations, duties, damages, losses,liabilities, costs,and
<br /> expenses of whatever kind or nature, in law, equity or otherwise,whether known or unknown,
<br /> suspected or unsuspected,contingent,anticipated or unanticipated(hereinafter,all of the
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