Agmt13 Pacific Gas and Electric Company (PG&E) under collection of UUT

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Tony Gelphman March 29, 2013 Page 2 of 8 acknowledges that such payment by PG&E on behalf of service users adequately compensates the City for any losses arising out of the Matter. 2. The City agrees that it will not direct PG&E to back bill service users listed on Attachment A subject to the Reassignments that were not previously billed UUT during any period prior to November 30, 2011. PG&E agrees that it will not attempt to back bill or collect UUT from service users in the City limits listed on Attachment A who were erroneously not billed UUT during any period prior to November 30, 2011. Nothing in this Agreement shall limit the authority of PG&E or the City to bill, collect, or make an assessment for UUT from service users in the City limits who are not listed on Attachment A. 3. In consideration of the resolution of the Matter and in consideration of the covenants, promises, terms and conditions herein, each P�rty, on behalf of themselves and all of their assigns, agents, representatives, employees, attorneys and insurance carriers, hereby releases and forever discharges the other Party to this Agreement, including their assigns, agents, representatives, employees, attorneys and insurance carriers, of and from all claims, demands, controversies, actions, causes of action, obligations, damages, liabilities, costs, (including attorneys' fees)that arise or may arise out of the following: (a) The Matter; and (b) PG&E's actions or omissions prior to November 30, 2011 relating to the under-collection of UUT associated with service users within the City listed on Attachment A required to pay UUT. 4. In regard to the released matters, the City and PG&E knowingly, voluntarily, and unconditionally waive the provisions of Section 1542 of the Civil Code of the State of California, which 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." 5. Each Party declares that prior to the execution of this Agreement, he, she or it or his, her or its duly authorized representatives have apprised themselves of sufficient relevant data, either through experts or other sources of their own selection, in order that each Party might intelligently exercise its judgment in deciding whether to execute, and in deciding on the contents of, this Agreement. Each Party assumes the risk that facts, other than those facts that are represented or warranted to be true in this Agreement, may later be found to be other than or ATTY/AGR/2013.035/UUT SETTLEMENT AGREEMENT&MUTUAL RELEASE REV:03-21-13 MLG