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fill rights to appeal or otherwise challenge any appealable issues arising in and from this Action in <br /> any court,tribunal, or administrative forum. <br /> 4 In exchange; for Plaintiff's dismissal and release set forth above, Defendants hereby agree <br /> to waive, release and forever relinquish any and all claims for malicious prcisectrtion,abuse of <br /> process, slander, libel or any other cause of action,as well as attorney fe:cs and costs arising in and <br /> from this,Action as it result of Plaintiff filing the underlying Action. <br /> 5. Upon receipt of ar fully-executed copy of this Agreement, Platintiff grill provide Defendanus <br /> with a fully executed Request for Dismissal of the entire action with prejudice;and Defendants <br /> will withdraw all pending; motions and demurrers that are on calenclar in this Action. Further, <br /> Plaintiff will rile a Request for Dismissal ol'Appeal in Case No. 0065380. <br /> E. Neither Plaintiff nor Defendants has agreed to pay any ebonies to (lie other in connection <br /> with this Agreement. gather, the mutual consideration for entering, into this Agreement consists of <br /> Plaintiff's Dismissal of (lie entire Action and pending appeal, and Defendants' waiver of all <br /> claims for Attorney Fees and casts arising from this litigation. <br /> 7. The Parties agree that this Agreement constitutes a full and complete settlement of all <br /> issues and claims made by and between plaintiff and Defendants in this Action, The Parties ngroc <br /> That neither shall seek or recover arty compensation from each rather of any type wvhatsoevor, <br /> including fbr claimed danwages, costs, or attorney's fees in connection with the matters <br /> encompassed in this Agreement. <br /> S. Plaintiff represents drat, with the exception ol'this Action and the government tort claims <br /> assss;aciated therewith and submitted to the City of Santa Ana, he has not Mod any complaints, <br /> o1uh ts, or actions against Defendants including tiny of Its officers,agents,directors,supctwisors, <br /> runiployees, or representatives of D01'elidautls with tiny state, federal, or local agency or court and <br /> than he Will not do so at ftwy time hereafter as it rolates to this Action and that if any aguney or <br /> court assumes jurisdiction of ally Complaint, clahiw, or action aglairtst Defendants rail Plaaititifi's <br /> behalf, Plaintiff will direct that agolicy or court to withdrawn and dismiss the ranter Willi prgjudlcu. <br /> 9, fl'atch person signing below represents that lltey havo reviewed fill aspeets oaths Agreement, <br /> than the Agrccniont his been carefully read and Nlly explained to (honi and t1la(they understand <br /> overy provislon of (his Agreement, that they understand that in agreeing to this document Choy are <br /> releasing each party hereby from any attd al I elalnls they titaty have against caul) party roloawd, than <br /> they voluntarily agree to all the terms sot forth in this Agreement, that they knowingly till([ <br /> willingly laytend to be legally bound by the same, than they wore givan ilia opportunity to <br /> consider the terms of this Agreement and discussed them with !egad counsel. Mach party hereby <br /> warrants (hat they have tilt;atuthorlty to enter into this Agrerernant and bled the party and <br /> individuals for wvhow benefit they execute this Agreement. <br /> 10. The Parties hereto represent and acknowledge that in exactiting this Agreement they do not <br /> rely and have not rolled upon any representation or statement made by any of the;Partics or by tiny of <br /> tits Parties' agents, attorneys, or reprosentatives with regard to the Subject niftier, basis, or cflect of <br /> Page 2 of 4 <br />