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Agreement, agree and warrant that they have read, understand and expressly release and waive the provisions of California Civil Code Section 1542, which reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Plaintiffs understand and acknowledge that the significance and consequence of this release and waiver of California Civil Code Section 1542 is that, except as expressly provided herein, even if Plaintiffs should eventually suffer additional damages or losses arising out of or relating to the Urban Habitat Litigation, or should there exist other undisclosed rights, obligations or liabilities arising out of or relating to the Urban Habitat Litigation or the General Plan /CEQA Litigation, Plaintiffs may not make any claim for those damages, losses or obligations. 10.5 In consideration of the City's satisfaction of its obligations under this Settlement Agreement, Plaintiffs and Intervenor will not pursue additional litigation against the City in any state or federal court or before any local, state or federal agency with respect to any claims existing as of the Date of Approval, known or unknown, with respect to the matters alleged in the Urban Habitat Litigation and the General Plan /CEQA Litigation. Plaintiffs shall not encourage or assist any other person or entity to do so. 10.6 This Settlement Agreement shall not extend to any claim or cause of action arising from any transaction or occurrence subsequent to the Date of Approval, including without limitation any claim that Plaintiffs or Intervenor may assert in connection with the City's new Housing Element update or the City's Climate Action Plan prepared pursuant to Section 8 of this Agreement. 11. CITY PERMITTING AUTHORITY 11.1 Effective on the Date of Approval, all restrictions on the City's non- residential permitting authority imposed by the Court's March 12, 2010 Order shall be lifted. and the City's full permitting authority shall be restored completely and without limitation or restriction of any kind. The City's rights under this paragraph shall be and are automatic and self - effectuating, and shall not require any additional approval by Plaintiffs, Intervenor and /or the Court. 12. JUDGMENT AND ENFORCEMENT Settlement Agreement and Covenant Not to Sue - Page 10 of 15 25(16199.1