|
later than March 30, 2018 (the "Phoenix Dismissal'). Counsel for the City shall hold the
<br />Phoenix Dismissal in Trust and shall file it with the Court at the same time that the City files its
<br />request for dismissal with prejudice of the Complaint in this action.
<br />8. Retained Jurisdiction. The Parties intend for the court to retain jurisdiction of the
<br />Lawsuit under Code of Civil Procedure section 664.6, and hereby stipulate and agree to the
<br />Court retaining jurisdiction to enforce the terms of the Agreement.
<br />9. Binding on Successors and Assigns. This Agreement shall inure to the benefit of
<br />and shall bind the Parties hereto and their respective successors and assigns, who shall include
<br />their representatives, heirs, trustees, successor trustees, executors, administrators, successors,
<br />assigns, agents, managers, family, associates, partners, employers, employees, parents,
<br />companies, subsidiaries, affiliates, officers, directors, shareholders, members, accountants,
<br />insurers, reinsurers, attorneys, any trust established by them or of which they are the trustee or
<br />beneficiary, and any and all entities in which they are a shareholder, member, partner,
<br />beneficiary, principal, officer, agent or otherwise.
<br />10. Mutu 1 General Release of All C a' itis: Except with respect to the obligations set
<br />forth in this Agreement, each of the Parties shall release the other Parties from any and all
<br />claims, demands, causes of action, rights, liens, losses, damages, obligations, and liabilities of
<br />any kind or character, whatsoever (whether known, unknown, or suspected or not suspected), at
<br />law or in equity, or otherwise, which either party may now have or claim to have or to have
<br />acquired, by reason of any matter, thing, event, condition, fact, circumstance or transaction
<br />arising out of or in any way related to the Lawsuit, and any of the facts and subject matter that
<br />form the basis for any of the claims asserted or that could have been asserted in a demand letter
<br />or in any subsequent litigation (the "Released Claims").
<br />11. Tax and Allocation Consequences. Plaintiff and its agents, assignees, nominees,
<br />insurers, and reinsurers, shall assume all risk and responsibility as to any tax consequences to
<br />them resulting from this Agreement and responsibility for any allocation of the proceeds of the
<br />Agreement as between them, their attorneys, or anyone else.
<br />12. Waiver of California Civil Code Section 1542. Each of the Parties acknowledges
<br />and agrees that the Released Claims include all claims, whether known or unknown, suspected or
<br />unsuspected, Each of the Parties further acknowledges that he, she or it may hereafter discovery
<br />facts different from or in addition to, those which they now know, or believe to be true with
<br />respect to the Released Claims. Nevertheless, the parties agree that the foregoing release shall be
<br />and remain effective in all respects, notwithstanding such different or additional facts, or the
<br />discovery thereof, and further hereby expressly waive any and all rights provided in California
<br />Civil Code Section IS42 which provides as follows:
<br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
<br />THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
<br />OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
<br />WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
<br />AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
<br />THE PARTIES, BEING AWARE OF SAID CODE SECTION, HEREBY
<br />EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS
<br />
|