Agmt16 Citizens for the Public Trust and Ted J. Hannig

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(a) If the Court declines to exercise jurisdiction to enforce this Agreement as requested under paragraph 4.3, the CITIZENS Parties retain the right to re-file the Petition for the sole purpose of enforcing this Agreement. The CITY agrees to waive any affirmative defenses regarding the timeliness of any such re-filed action, including, without limitation, the defense of latches, statute of limitations, ar compliance with any government filing deadline or requirements. (b) Alternatively, each of the PARTIES may seek appointment of a Special Master(1)to determine whether the CITY breached this Agreement; and (2) to the extent a breach occurred, to enforce the terms of this Agreement. The CITY may request, at its sole cost and expense, the Special Master to provide other services. If available and willing to serve, the PARTIES stipulate that P. Terry Anderlini, Esq. is mutually satisfactory as a first choice for Special Master. The initial cost of the Special Master shall be borne equally by the PARTIES. (c) The prevailing party in any dispute filed with the Court or a Special Master shall be entitled to an award of its reasonable attorney's fees, costs, and expenses, including the costs of any Special Master. 5.5 Investi ag tion. Each of the PARTIES has made such investigation of the facts pertaining to this Agreement as it deems necessary. The PARTIES hereto understand that if any fact with respect to any matter covered by this Agreement is found hereafter to be other than, or different from, the facts now believed by the PARTIES to be true, each party hereto expressly accepts and assumes the risk of such possible difference in facts and agree that this Agreement shall become and remain effective notwithstanding such different facts. 5.6 Release of Unknown or Unsuspected Claims. For the purpose of implementing full and complete releases to the extent stated herein, the PARTIES hereto expressly acknowledge that the releases provided in this Agreement are intended to include in their effect, without limitation, any and all claims, complaints, charges or suits within the scope of such releases, including those claims, complaints, charges or suits which they do not know or suspect to exist in their favor at the time of execution hereof, which if known or suspected, could materially affect the PARTIES' decision to execute this Agreement. This Agreement contemplates the extinguishment of any such claims, complaints, charges or suits within the scope of the stated releases and therefore all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 of the Civil Code provides: "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." The PARTIES each represent that it has read and understood the provisions of California Civil Code Section 1542. Further, each acknowledges that it is represented by counsel and has SETTLEMENT AGREEMENT �� Page 5 of 9 OAK#4839-2370-0524 vl l 05674-0029