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5. DTI shall close-out all legally binding financial obligations, including attorney <br />fees. If any assessment funds remain, DTI will transfer those funds to the CITY. If obligations <br />exceed assessment fund balances, DTI will utilize proceeds from the $118,000 CITY/Agency <br />Loan, subject to City Manager pre -approval to verify conformance with the CMD Services <br />Agreement, to pay remaining obligations, and will pay the remaining balance, to the extent there <br />is a remaining balance, to the CITY. To the extent that the remaining balance repayment is less <br />than $118,000, CITY agrees to forgive the difference. <br />Page 9 of 9 <br />Settlement, Release Agreement <br />55394.00000\7778447.1 <br />