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2. Dismissal of Lawsuits: As soon as is practicable after having made the Settlement
<br />Payment, but not later than five (5) days thereafter, the CITY shall file a Dismissal of the
<br />Condemnation Action of 7 DAYS TIRE with prejudice (the "Dismissal ").
<br />3. [Intentionally Left Blank]
<br />4. Release of the CITY by 7 DAYS TIRE: Upon the satisfaction of the terms .
<br />described in paragraphs 1 and 2 above, 7 DAYS TIRE, on behalf of itself and all of its respective
<br />parent companies, subsidiaries, divisions, affiliates, merged companies, general and limited
<br />partners, sureties, insurers and reinsurers, successors, predecessors, assigns, directors, officers,
<br />shareholders, principals, servants, agents, attorneys, contractors, and employees, past and/or
<br />present, shall be deemed to have released the CITY and its board members, council members,
<br />directors, officers, employees, agents, servants, heirs, administrators, governing bodies, insurers,
<br />attorneys, successors and assigns, from any and all actions, causes of action, claims, demands,
<br />damages, costs, liens, expenses, liabilities, attorneys' fees and debts whatsoever, in law or in
<br />equity, arising out of or related to the Grand Avenue Widening Project, the taking of the Property,
<br />and the Condemnation Action. It is understood if all of the terms of this Agreement are not fully
<br />complied with the foregoing release shall have no force or effect and parties shall, retain their
<br />respective legal rights as If this Agreement was never entered into,
<br />5. Release of 7 DAYS TIRE by the CITY: Upon the satisfaction of the terms
<br />described in paragraphs 1 and 2 above, the CITY, on behalf of itself, and its board members,
<br />council members, directors, officers, employees, agents, servants, heirs, administrators, governing
<br />bodies, insurers, attorneys, successors and assigns, shall be deemed to have roleased 7 DAYS
<br />TIRE and all of its respective patent companies, subsidiaries, divisions, affiliates, merged
<br />companies, general and limited partners, sureties, insurers and reinsurers, successors,
<br />predecessors, assigns, directors, officers, shareholders, principals, servants, agents, attorneys,
<br />contractors, and employees, past and/or present, from any and all actions, causes of action,
<br />claims, demands, damages, costs, liens, expenses, liabilities, attorneys' fees and debts whatsoever,
<br />in law or in equity, arising out of or related to the Grand Avenue Widening Project, the taking of
<br />the Property, and the Condemnation Action. It is understood if all of the terns of this Agreement
<br />are not fully complied with the foregoing release shall have no force or effect and parties shall
<br />retain their respective legal rights as if'this Agreement was never entered into.
<br />6. It is understood and agreed that the Parties' general release as intended by this
<br />Agreement and described in part in paragraphs 4 and 5 above, extends to all claims, including, but
<br />not limited to, bonus value of the lease, and loss of business goodwill, whether known or
<br />unknown, suspected or unsuspected, contingent or liquidated, asserted or unasserted, which may
<br />have existed at the time of executing this Agreement. The Parties acknowledge and agree that by
<br />reason of this release, they are expressly waiving any and all rights under California Civil Code
<br />EXTENT? TO CLAIMS Wan pxpy. a ..as ,follows A QENERAL ,RE,LEA$g_ , DpES NOT
<br />t n 1542 wiuoh —Section THE CREDITOR DOB§ IVOT KNOW OR SUSPECT Tn
<br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
<br />KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
<br />SETTLEMENT WITH THE DEBTOR,
<br />0062774.2 )page 2 of 4
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