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Page 3of12 <br /> 8077,Walnut Creek, CA 94596. The ASSOCIATION's tax identification number is 94-3220992, All <br /> checks and drafts payable to DEVELOPERS shall be delivered by September 24, 2001,be <br /> tendering them to Developers Surety and Indemnity Company, P.O. Box 19725, Irvine, CA 92713. <br /> DEVELOPERS' tax identification number is 42-042-9710. <br /> The settlement funds shall not be distributed until after the fulfillment of the following <br /> conditions: (1) Full execution of this Agreement by the ASSOCIATION, DEVELOPERS and <br /> CITY OF PLEASANTON and delivery of the signature pages to Daniel J. Smith, counsel for <br /> PACWEST, (2) dismissal of the Complaint and any amendments thereto with prejudice, an <br /> endorsed-filed copy of which will after filing be attached hereto as Exhibit"B" and (3) dismissal <br /> of the Cross-Complaint by DEVELOPERS and any amendments thereto with prejudice, an <br /> endorsed-filed copy of which will after filing be attached hereto as Exhibit"C." <br /> 6. Mutual Release. In consideration for the full and timely performance of all Terms <br /> and Conditions of this Agreement in the manner prescribed herein, each party hereto, on behalf of <br /> itself/himself/herself and its/his/her respective Affiliates,' hereby releases and forever discharges <br /> all of the other settling parties and their respective Affiliates (as defined in footnote 1),who are or <br /> may ever become liable to them,of and from any and all claims, demands, causes of action, <br /> obligations, liens, taxes, damages, losses, costs, attorneys' fees and expenses of every kind and <br /> nature whatsoever, known or unknown, fixed or contingent, including any and all rights to <br /> subrogation and/or indemnity therefor, which any of them may now have or may hereafter have <br /> against any of the other settling parties and/or their respective Affiliates (as defined in footnote 1) <br /> by reason of any matter or cause arising out of or connected with the allegations and claims made <br /> in the Complaint in Action No. V-018334-5 pending in Alameda County Superior Court. <br /> 7. Waiver. Each party hereto acknowledges that there is a risk that, subsequent to <br /> the execution of this Agreement, they may incur, suffer or sustain injury, loss, damage, costs, <br /> attorneys' fees, expenses, or any of these,which are in some way caused by or connected with the <br /> persons, entities, matters and/or issues referred to in Section 6 above, or which are unknown and <br /> unanticipated at the time this Agreement is executed, or which are not presently capable of being <br /> ascertained. <br /> 8. General Release. Each party hereto further acknowledges that there is a risk that <br /> such damages as are presently known may hereafter become more serious than any of them now <br /> expects or anticipates. Nevertheless, each party hereto acknowledges that this Agreement has <br /> been negotiated and agreed upon in light of that realization and each party hereby expressly <br /> waives all rights each may have in such unsuspected claims. In so doing, each party hereto has <br /> As used herein,"Affiliates"of a party include without limitation such party's officers,directors,heirs,executors, <br /> administrators,successors and assigns. <br /> SETTLEMENT AGREEMENT, MUTUAL RELEASE AND COVENANT NOT TO SUE <br /> Canyon Creek of Pleasanton v. Pacwest Development, et al. <br />