COSA V. PHOENIX GROUP INFORMATION SYSTEMS

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INTENT OF PARTIES 1. Each of the Parties hereto considers it to be in his, their and/or its best interest and to his, their, and/or its advantage forever to dismiss, settle, adjust and compromise all claims and defenses which had been or could have been asserted with regards to the Lawsuit. Therefore, the Parties make the following Agreement. 2. While this Agreement resolves all issues between the Parties in connection with the Lawsuit, it does not constitute an admission by any Party of any of the matters alleged by any other Party, or of any violation of Federal, State, or Local law, ordinance or regulation. Neither this Agreement nor anything in this Agreement shall be construed to be or be admissible in any proceeding as evidence of liability or wrongdoing by any of the Parties hereto. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and conditions set forth below, and for other good and valuable consideration, the Parties agree as follows: 3. Incorporation of Recitals: The foregoing recital of facts is incorporated herein and made a material part hereof by this reference. 4. Consideration: The Parties hereto have agreed to settle all claims of every kind between and among them relating to and/or arising out of the Lawsuit. Except for the obligations required in this Agreement, all claims asserted, or which could be asserted in the Lawsuit, known or unknown, are hereby expressly and forever compromised, discharged and terminated for all time. In consideration of the compromise and dismissal of claims and actions herein referred to, each of the Parties hereto agrees to perform each of the terms hereinafter set forth and abide by the terms of the Release as hereinafter given. 5. PgymenL1e1ms: Within thirty calendar (30) days of the execution of this Agreement, Phoenix shall pay a total sum of $249,300 (Two Hundred Forty Nine Thousand and Three Hundred Dollars) to the City (the "Settlement Sum") in connection with the City's lawsuit against Phoenix and Phoenix's claim and lawsuit against the City. The Settlement Sum shall be made payable to the City of Santa Ana by way of cashier's check and delivered to counsel for record for the Plaintiff, Tamara Bogosian, Santa Ana City Attorney's Office, 20 Civic Center Plaza, M-29, P.O. Box 1988, Santa Ana, California 92702, 6. Letter of Recoanition: Within five (5) days of the City's receipt of the Settlement Sum, the City shall transmit to Phoenix a letter of recognition, which shall acknowledge the City's appreciation for Phoenix's years of service provided to the City. 7. Dismissal of the Complaint and Cross -Complaint: Within ten (10) days of the City's receipt of the Settlement Sum, the City shall dismiss its Complaint, in its entirety, with prejudice, as to all parties and causes of action therein. On or before April 13, 2018, Phoenix shall provide counsel for the City with an executed request for dismissal with prejudice of its Cross -Complaint, in its entirety, with prejudice, as to all parties and causes of action therein no