AVITIA, ROSARIO MACIEL (vs. COSA AND IMMIGRATION AND CUSTOM ENFORCEMENT AGENCY "ICE")

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Release. As consideration for delivery of the Settlement Amount in accordance with this Agreement and the Parties' mutual covenants herein, the Parties agree to waive, release and forever discharge any and all claims, potential claims, demands, or causes of action reflected in the Lawsuit, and any other claims, demands, or causes of action relating to the claims of Plaintiffs which may have arisen prior to the Effective Date of this Agreement from the same operative facts as those alleged in the Lawsuit, that the Parties may have against each other, including their officers, directors, employees, agents, representatives, sureties and insurers, and their successors and assigns, arising from or relating to the Lawsuit. The release set forth in this paragraph will become effective when this Agreement is fully executed and Defendants have delivered the checks in payment of the Settlement Amount in accordance with this Agreement. 5.1 The Parties hereby expressly waive the provisions of California Civil Code § 1542, which provide as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 5.2 Each Party is aware that it may hereafter discover claims or facts in addition to or different from those it now knows or believes to be true with respect to the matters related herein. Nevertheless, it is the intention of the Parties to fully, finally and forever settle and release the matters related hereto. In furtherance of such intention, the releases given hereon shall be and remain in effect as full and complete mutual releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto. 6. Approval. Plaintiffs understand and agree that this Agreement is subject to final approval by the Santa Ana City Council and the United States Department of Justice. The execution of this Agreement by Defendants is subject to and conditioned upon the granting of all such approvals needed to make this Agreement final and binding. The persons signing this Agreement on behalf of Defendants will recommend that this Agreement be so approved. No Admission of Liability. This Agreement represents a settlement of disputed claims and shall not be construed as an admission of liability by any Party. Each Party denies liability in connection with any claims and intends merely to avoid litigation. 8. Ownership and Non -Assignment of Claims. The Parties each represent and warrant that they own the claims that are the subject of this Agreement and have the unconditional right to release such claims. The Parties represent and warrant that they have not sold, transferred, assigned or otherwise conveyed any of the rights or claims being released hereunder. Page 7 of 10