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originals of this Agreement to the CITY prior to the settlement fiords being dispursed. The City will
<br />provide PLAINTIFF's counsel two executed originals of this Agreement.
<br />3.3 PLAINTIFF's Settlement Obligation; Dismissal of Action. In further
<br />consideration of this Agreement, PLAINTIFF agrees to execute and cause to be filed a full and
<br />complete dismissal of the Subject Action as against the CITY, with prejudice, within five (5)
<br />business days of payment of the Settlement Amount.
<br />3.4 Each Party to Bear Its Own Costs and Fees. Each Party shall bear its own
<br />attorney's fees and all other costs (including costs of expert witnesses or other consultants)
<br />incurred in the preparation for filing, prosecution of and defense of the Subject Action and in the
<br />preparation, negotiation, and drafting of this Agreement.
<br />3.5 Mutual Release. In further consideration of this Agreement and in recognition of
<br />the benefits to be derived therefrom, and except as to the rights, duties, and obligations of the
<br />PARTIES as set forth in this Agreement, the PARTIES, and each of them, hereby release and
<br />fully, finally and forever discharge each and every other Party, as well as their respective elected
<br />and appointed officials, board members, owners, predecessors, successors, heirs, executors,
<br />administrators, members, managers, assigns, agents, directors, officers, partners, employees,
<br />representatives, insurance companies, law firms and lawyers, and all persons acting by, through,
<br />under, or in concert with them or any of them, past and present (hereinafter collectively called
<br />"Additional Releasees ") of and from any and all manner of actions or causes of action, in law or
<br />in equity, suits, debts, liens, liabilities, claims, demands, and damages of any nature whatsoever,
<br />known or unknown, fixed or contingent (hereinafter called "Released Claims "), including,
<br />without limitation, Released Claims which any Party now has or may in the future have against
<br />any other Party and /or the Additional Releasees, as alleged in or arising out of or which could
<br />have been raised in or could have been related to the Incident and /or Subject Action.
<br />3.6 Civil Code section 1542 Release. The PARTIES, and each of them, intend that
<br />this Agreement shall be a MI and final settlement of and bar to any and all claims and /or causes
<br />of action arising between and/or among them, including without limitation, the Released Claims.
<br />In connection with the release made herein, the PARTIES acknowledge that they may hereafter
<br />discover facts different from or in addition to the facts which they may know or believe to be true
<br />with respect to the Subject Action and/or the Released Claims, but that they intend to fully and
<br />forever settle all disputes with each other and Additional Releasees. In furtherance of such
<br />intention, the release given herein shall be and remain in effect as a full and complete mutual
<br />release, notwithstanding discovery of any such different or additional facts. Therefore, the
<br />PARTIES acknowledge that they have been informed of, and are familiar with, the provisions of
<br />Civil Code section 1542, which provides as follows:
<br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
<br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
<br />TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
<br />EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
<br />HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
<br />SETTLEMENT WITH THE DEBTOR.
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