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ATTY/AGREEMENTS/SETTLEMENTS/AIRFIELD SETTLEMENT AGREEMENT <br />REV: 08-11-2021 EI <br />Page 3 of 6 <br />“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR <br />OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR <br />HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF <br />KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER <br />SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” <br />Matulich Initial: _____ <br />5. NON-DISCLOSURE <br />The Parties agree that they will not voluntarily disclose the terms of this Agreement, other <br />than disclosures to their attorneys, partners, accountants or other financial advisors or as otherwise <br />allowed by law. The Parties acknowledge that the contents of this Agreement may be disclosable <br />pursuant to a request for public records under the California Public Records Act. <br />6. ACKNOWLEDGMENT <br />The Parties further acknowledge that they have entered into this Agreement in reliance on <br />their own independent investigation and analysis of the facts underlying the subject matter of this <br />Agreement, and that no representations, warranties, or promises of any kind have been made <br />directly or indirectly to induce them to execute this Agreement other than those which are <br />expressly set forth herein. Each Party acknowledges and represents to the other that he/she/it has <br />had the advice of attorneys of his/her/its own choosing in connection with the negotiation and <br />execution of this Agreement. <br />7. NO ADMISSION OF LIABILITY <br />In making this Agreement, neither party admits the sufficiency of any claims, allegations, <br />assertions, contentions, or positions of the other party. Further, in making this Agreement, the <br />Parties agree that the covenant and release comprising this Agreement are not intended to be <br />admissions of liability, negligence, willful conduct, breach of contract, or fault of any kind <br />whatsoever, by either party. The Parties have entered into this Agreement in good faith and with <br />the desire to resolve all matters relating to the Denial for Incompleteness, as set forth above, except <br />as provided within this Agreement. <br />9. ATTORNEY'S FEES AND COSTS <br />The Parties hereto shall bear their own costs, expenses, and attorney's fees incurred in <br />connection with this Agreement. <br />10. DUTY TO COOPERATE <br />Except as expressly stated otherwise herein, each Party hereto agrees to do all things and <br />execute and deliver all instruments and documents necessary to fulfill and effect the provisions of <br />this Agreement and to protect the respective rights of the Parties to this Agreement. <br />11. BINDING AGREEMENT <br />This Agreement represents a binding written contractual relationship between the Parties. <br />The statute of limitations enforcing this written contractual Agreement will commence upon a <br />MM <br />MM