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<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.
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