PLEASANTON CREEK ASSOCIATES SETTLEMENT AGREEMENT

Page 7 of 12 governed in all respects by the laws of the State of California. • 17. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective Affiliates (as defined in Footnote 1). 18. Severability. If any provision or any part of any provision of this Agreement shall for any reason be held to be invalid, unenforceable or contrary to public policy or any law, then the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. 19. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute one agreement which shall be binding upon all parties hereto, notwithstanding that the signatures of the parties' designated representatives do not appear on the same page. 20. Entire Agreement. This Agreement and release supersedes all prior agreements and understandings, whether written or oral, of the parties relating to the subject hereof. This Agreement, including all exhibits attached and herein incorporated by reference,contains the entire understanding among the parties to this Agreement with regard to the matters herein set forth, and is intended to be and is a final integration thereof. There are no representations, warranties, agreements, arrangements, undertakings, oral or written,between or among the parties hereto relating to the Terms and Conditions of this Agreement which are not fully expressed herein. This Agreement may be amended and any right or condition thereunder waived only by a written instrument signed by the party against whom such an amendment or waiver is sought to be enforced. 21. Future Repairs. Nothing contained in this release shall be deemed or interpreted to suggest, imply, or infer that PACWEST,DEVELOPERS, and the City of Pleasanton has in any . manner approved, reviewed, endorsed or participated in determining the methods of repair to be implemented by ASSOCIATION with regard to any released matters, and PACWEST, DEVELOPERS, and the City of Pleasanton shall not incur any liability on account of any claimed defect or deficiency in such methods of repair. SETTLEMENT AGREEMENT, MUTUAL RELEASE AND COVENANT NOT TO SUE Canyon Creek of Pleasanton v. Pacwest Development, et al.