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of any applicable statute of limitations as an affirmative <br /> defense. In the course of the discussions, the parties may, but <br /> are not required to agree to the tolling of any statute of <br /> limitations in order to continue or complete discussions prior to <br /> the filing of any court action. <br /> (d) If the environmental group petitioners enter into a <br /> settlement agreement with the County, Windemere and Shapell, and <br /> that settlement agreement does not have a similar provision, <br /> i.e., that mitigation or "good will" payments which are <br /> conditioned upon future approvals shall cease if the <br /> environmental group petitioners file suit, then the second <br /> sentence of paragraph 5(b) "However,...Agreement. "J shall be <br /> rendered null and void as to Pleasanton. <br /> (e) If Pleasanton files a legal action to enforce the <br /> provisions of paragraph 2(c) and /or 2(f), such legal action shall <br /> not operate to relieve Shapell and Windemere of their obligations <br /> under paragraph 1 of this Settlement Agreement. <br /> 6. Effect of Development Agreements on Settlement Agreements <br /> (a) Nothing provided in the Windemere or Shapell <br /> Development Agreements is intended to or does abrogate or limit <br /> the enforceability or effectiveness of this Settlement Agreement, <br /> the Danville Settlement Agreement or any other Settlement <br /> Agreement arising out of the Lawsuit. If there is conflict <br /> between the Windemere or Shapell Development Agreement, if such <br /> are approved, and this Settlement Agreement, the Danville <br /> Settlement Agreement or any other Settlement Agreement arising <br /> out of the Lawsuit, the terms of such Settlement Agreement shall <br /> prevail. <br /> (b) The substance of paragraph 6(a) above shall be added to <br /> any development agreement into which County, Windemere and <br /> Shapell shall enter. Prior to the presentation of such agreement <br /> to the County Board of Supervisors, County shall provide the <br /> agreement to Pleasanton for its review that the agreement has <br /> within it the substance of paragraph 6(a). County, Windemere and <br /> Shapell shall make every reasonable effort to incorporate <br /> Pleasanton's comments on the language of that provision into such <br /> agreement. <br /> 7. Waiver of Rights <br /> Each party expressly waives any rights or benefits available <br /> to it under the provisions of Section 1542 of the California <br /> Civil Code, which provides as follows: <br /> "A general release does not extend to claims which the <br /> creditor does not know or suspect to exist in his favor at <br /> the time of executing the release, which if known by him <br /> 6 <br />