NEW CINGULAR WIRELESS PCS LLC (CLAIMANT) THE SETTLE CLASS

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FIRST, the Claimant Settlement Class and City agree that this Agreement shall be final with regard to any liability for Tax sought in the Clain. SECOND, in lieu of ail actual refund, City agrees to pay the refund as a credit against future taxes as set forth in tiie next paragraph. THIRD, City hereby grants a dollar for dollar credit. to AT&T and its subsidiaries against future connmunications service user tax, specifically the account of "New Cingular Wireless PCS, LLC" [City of Santa Aria Account Number 1134] in the amount of $241,488.99 in full satisfaction of any and all obligations with respect to tine Claim. That is, the City's payment of the $241,488,91 would be made by Claimant offsetting and keeping, rather than remitting to the City, the monthly Tax remittance from future Taxes billed to customers until the full $241,488.91 is paid. In exchange for this credit, the Claimant and Settlement Class agree to release City from any further liability with regard to the Claim. FOURTH, this Agreement sets forth the entire understanding between the Claimant, Settlement Class and City with respect to the subject matter hereof and supersedes any prior negotiations, agreements, understandings or arrangements between them. FIFTH, this Agreement shall be binding upon and inure to the benefit of the Claimant, Settlement Class, and all of their respective former and current officers, employees and directors, arrd respective successors and assigns. SIXTH, with respect to any claims related to or arising out of the Claim, the Recitals to the Agreement, and/or the Agreement, the Agreeing Parties expressly waive the rights afforded under California Civil Code section 1542, which provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN I-118 OR HER FAVOR. AT THE TIME OF EXECUTING THE RELEASE; WHICH IF KNOWN BY HIM