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4. General Release. Upon receipt of payment set forth <br />in Section 2 above, Volk-McLain agrees to execute on behalf of <br />Volk-McLain Communities, Inc. and Volk-McLain Properties, a <br />limited partnership, and all other parties to the appeal, a <br />general release in the form as set forth in Exhibit A, attached <br />hereto and incorporated herein by reference. <br />5. Allocation of Payment. The payment to be made <br />under Section 2 hereinabove shall be first applied to any <br />interest due and owing, or alleged to be due and owing, from <br />District to Volk-McLain, and then to any principal sum due and <br />owing, or alleged to be due and owing, from District to Volk- <br />McLain under that certain contract dated June 28, 1965, by and <br />between Valley Community Services District and Volk-McLain <br />Communities, Inc. <br />6. Contract Obligations Forgiven. Upon receipt of <br />payment set forth in Section 2 hereinabove, any and all sums due <br />and owing or alleged to be due and owing, or which may become <br />due and owing, under the contract subject to the litigation <br />by District, between District, Volk-McLain Communities, Inc.. <br />and/or Volk-McLain Properties, a limited partnership, are hereby <br />forgiven, released, waived, extinguished, and shall thereafter <br />be deemed to have been fully and forever discharged, satisfied <br />and paid in full. <br />7. Entire Agreement. This Agreement, the attach- <br />ment hereto and the recitals herein constitute the entire <br />agreement between the parties and a waiver by one party of <br />performance of any covenant, condition or promise shall not <br />invalidate this Agreement nor shall it be construed as a waiver <br />of any other covenant, condition or promise contained herein. <br />3 <br />