Agmt16 Citizens for the Public Trust and Ted J. Hannig

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agreements or promises described herein. Nothing in this paragraph is intended to release any right or obligation of any party arising out of this Agreement. 4.2 Release of the CITIZENS Parties. Except for claims arising directly as a result of breach of the terms, covenants, conditions and representations of the CITIZENS Parties contained in this Agreement, and as a material inducement to the CITIZENS Parties to enter into this Agreement, the CITY does hereby irrevocably and unconditionally release, acquit and forever discharge the CITIZENS Parties, and each of them, and their respective subsidiaries, affiliates, members, directors, officers, agents, assigns, attorneys, insurers, representatives, and employees from any and all claims, actions, charges, complaints, causes of action, rights, demands, and damages, at law and equity, which the CITY has or could have, whether now or in the future known, against the CITIZENS Parties. The CITY represents and warrants hereby that it has not made an assignment or any other transfer of any interest in the claims, causes of action, suits, debts, agreements or promises described herein. Nothing in this paragraph is intended to release any right or obligation of any party arising out of this Agreement. 4.3 Dismissal. By Februarv 12,2016, the CITIZENS Parties shall file a Stipulation for Dismissal without prejudice and request that the Court retain jurisdiction to enforce the terms of this Agreement. A copy of this Agreement shall be attached as an exhibit to the Stipulation for Dismissal. The CITIZENS Parties shall file a Stipulation requesting modification of the previously granted dismissal to reflect the Parties' agreement that said dismissal is with prejudice no later than thirtv (30) calendar davs after the City fully performs the terms of this Agreement, or December 31, 2020, whichever is earlier. ARTICLE V MISCELLANEOUS PROVISIONS 5.1 Recitals. The aforementioned Recitals are incorporated into this Agreement as if set forth fully herein. 5.2 Quarterlv Pro ress Reports. The CITY will email progress reports of its actions required under paragraphs 3.1, 3.2, and 3.3 to HANNIG at tjh(a�hanni�law.com, on a quarterly basis. 5.3 Withdrawal of Records Requests. As of the Effective Date, the CITIZENS Parties agree to withdraw and abandon all California Public Records Act requests that are pending before the CITY, and the CITY agrees to withdraw its letter dated May 22, 2015 to HANNIG. 5.4 Dispute Resolution; Appointment of Special Master. Should any dispute arise as to whether the terms and/or conditions of this Agreement have been breached, each of the PARTIES may seek a court order enforcing the terms of this Agreement or seek appointment of a Special Master. SETTLEMENT AGREEMENT Page 4 of 9 OAK#4839-2370-0524 vl l � 05674-0029