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participate in the Appeals, and to the extent such participation is required by the
<br />Supreme, Appellate or Trial Court, 1901 shall be obligated to indemnify, defend, and
<br />hold harmless the City in connection with the same. 1901's defense, indemnity and hold
<br />harmless obligation set forth herein shall only extend to costs incurred and imposed, if
<br />any, after the Effective Date of this AGREEMENT.
<br />f. Within six (6) months of the Effective Date, the Parties agree to meet with
<br />interested stakeholders (such as area school districts, developers, chamber of commerce,
<br />etc.) to discuss, in good faith the City's application of Government Code section 65995,
<br />and specifically the City's methodology regarding the calculation of assessable space.
<br />Nothing in this paragraph is intended or shall be interpreted to require the City to adopt or
<br />implement any particular method of calculation, including but not limited to that
<br />advocated by 1901, in satisfying the City's obligations under section 65995.
<br />6. Mutual Release of All Claims and Potential Claims. The City, on the one
<br />hand, and 1901, on the other hand, on their own behalf and on behalf of their respective
<br />predecessors and related persons and entities, hereby release and forever discharge the other,
<br />from any and all claims, causes of action, and demands relating to or arising from the Disputes
<br />that they have or may have against each other (or their predecessors or related entities), as well
<br />as their respective present and former officials, council members, board members, directors,
<br />employees, heirs, representatives, agents, governing bodies, attorneys, insurers, predecessors -in -
<br />interest, successors -in -interest, and assigns, and any and all persons acting by, through, under, or
<br />in concert with any of them, except for such claims, causes of action, or demands as may be
<br />based upon the commitments expressly undertaken in this AGREEMENT.
<br />7. Release of Unknown Claims. For the purpose of implementing a full and
<br />complete release and discharge of the Parties, as well as their respective present and former
<br />officials, council members, directors, employees, heirs, representatives, agents, governing
<br />bodies, attorneys, insurers, predecessors -in -interest, successors -in -interest, assigns, and any all
<br />persons acting by, through, under, or in concert with any of them, the Parties expressly
<br />acknowledge that this AGREEMENT is also intended to include in its effect, without limitation,
<br />all claims that the Parties do not know of or expect to exist in their favor at the time of the
<br />execution hereof, and the Parties agree that this AGREEMENT contemplates the extinguishment
<br />of any such claim or claims that in any way relate to or arise from the Disputes.
<br />In addition, the Parties expressly waive and relinquish all rights and benefits afforded by
<br />California Civil Code section 1542 relating to the subject matter hereof, and, in doing so,
<br />understand and acknowledge the significance and consequences of such specific waiver of said
<br />provisions of law. Civil Code section 1542 states as follows;
<br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
<br />WHICH THE CREDITOR DOES NOT KNOW OR
<br />SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
<br />TIME OF EXECUTING THE RELEASE, WHICH IF
<br />KNOWN BY HIM OR HER MUST HAVE MATERIALLY
<br />AFFECTED HIS OR HER SETTLEMENT.
<br />Initialed by: City 1901
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