Agmt17 California River Watch CRW Settlement Agreement

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A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The Parties hereby waive and relinquish any rights or benefits they may have under California Civil Code section 1542, if any, with respect to the CWA allegations and claims as set forth in the CWA Notice Letter with regard to the City's sewage collection system. Beginning on the Effective Date and ending on the Termination Date, CRW agrees that neither CRW, its officers, executive staff, members of its governing board nor any organization under the control of CRW, its officers, executive staff, or members of its governing board, will serve any 60 -day Notice Letter or file any lawsuit against the City seeking relief for alleged violations of the CWA for the City's sewage collection system, nor will CRW support such lawsuits against the City brought by other groups or individuals by providing financial assistance, personnel time, or any other affirmative actions. 7. Dispute Resolution Procedure Any disputes with respect to any of the provisions of this Agreement shall be resolved through the following procedure. The Parties covenant and agree that, if either party believes the other is in violation of one or more terms of this Agreement, the party shall provide notice to the other in writing of what actions or inactions they deem to be in violation of this Agreement within ten (10) days of the action or inaction that the party deems to be in violation of this Agreement. Within thirty (30) days of receipt of such notice, the party receiving the notice shall respond to the notice in writing. If the Parties still dispute compliance with this Agreement, within an additional thirty (30) days, the Parties will meet and confer in a good faith attempt to resolve their dispute. If the Parties cannot informally resolve the dispute, they shall first attempt to resolve such dispute through mediation, using a mutually agreed upon mediator. Should mediation be unsuccessful, then the Parties will enter into binding arbitration, conducted by an arbitrator agreed upon by both Parties. The arbitration shall be binding and not subject to ordinary judicial appeal; however, it shall be subject to the procedural provisions provided for under California Code of Civil Procedure section 1280, et seq. The arbitration shall be conducted in accordance with the arbitration rules and procedures of JAMS (Judicial Arbitration and Mediation Service) to the extent other conventional rules are not promptly agreed to by the Parties. The relief the arbitrator is empowered to award is limited to injunctive relief to take action specified in this Agreement. The Parties shall each bear their own costs and attorneys' fees in connection with the Dispute Resolution Procedure, as herein described. If CRW asserts that the City is in violation of this Agreement, and the City corrects the action or inaction within sixty (60) days of written notice from CRW describing the asserted violations, no further enforcement action under the terms of this Agreement shall be taken by either party. REV: 05-09-17 MI Page 5 of 9 ATTY/AGR.2017.100/Settlement of CRW Anticipated Litigation