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ATTY/AGR/SETTLEMENTS/2023/WESTPOINT HARBOR/WESTPOINT HARBOR SETTLEMENT AGREEMENT
<br />REV: 07-26-23 VR
<br />Page 3 of 7
<br />4) Dismissal of the PRA Action & PRA Request. Within five days of receipt of the
<br />Reimbursement Payment, Westpoint will take all necessary steps to (i) rescind its PRA Request
<br />and (ii) dismiss the PRA Action with prejudice, with each party to bear its own fees and costs.
<br />5) Mutual Release of Claims.
<br />a) Effective as of the Effective Date, Westpoint releases City and City’s
<br />Related Parties from any and all claims related to the disputed fees for the Project, the PRA Request
<br />and the PRA Action, and the Encroachment Permit, to the fullest extent that the law permits their
<br />release, by or on behalf of or belonging to Westpoint or any of Westpoint’s Related Parties against
<br />City or any of City’s Related Parties Based Upon the allegations by Westpoint, or that are Based
<br />Upon the relationship between the Parties, whether based on federal, state, local, statutory,
<br />common law, foreign law or any other law, rule or regulation, whether known or unknown,
<br />foreseen or unforeseen, whether class, representative or individual in nature, whether fixed or
<br />contingent, accrued or unaccrued, liquidated or unliquidated, whether at law or in equity, matured
<br />or unmatured (collectively, “Westpoint’s Released Claims”), provided, however, that this release
<br />shall not apply to any obligations created by this Agreement.
<br />b) Effective as of the Effective Date, City releases Westpoint and Westpoint’s
<br />Related Parties from any and all claims related to fees for the Project (excluding the limited carve-
<br />out set forth in Section 3(a)), PRA Request and PRA Action, and the Encroachment Permit, to the
<br />fullest extent that the law permits their release, by or on behalf of or belonging to City or any of
<br />City’s Related Parties against any of Westpoint or any of Westpoint’s Related Parties Based Upon
<br />the allegations, or that are Based Upon the relationship between the Parties, whether based on
<br />federal, state, local, statutory, common law, foreign law or any other law, rule or regulation,
<br />whether known or unknown, foreseen or unforeseen, whether class, representative or individual in
<br />nature, whether fixed or contingent, accrued or unaccrued, liquidated or unliquidated, whether at
<br />law or in equity, matured or unmatured (collectively, “City’ Released Claims”), provided,
<br />however, that this release shall not apply to any obligations created by this Agreement.
<br />6) Unknown Claims. The Parties, after consultation with their own counsel, shall
<br />have, and shall be deemed to have, waived and relinquished, to the fullest extent permitted by law,
<br />any and all provisions, rights, and benefits of any federal, state or foreign law, rule or common-
<br />law doctrine that is similar, comparable, equivalent, or identical to, or which has the effect of,
<br />Section 1542 of the Civil Code of the State of California (“Section 1542”), which provides as
<br />follows:
<br />“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
<br />CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
<br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
<br />RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
<br />MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
<br />DEBTOR OR RELEASED PARTY.”
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