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12.1 This Settlement Agreement shall be incorporated into a Judgment of the Court. in the form attached as Exhibit E, and shall be enforceable pursuant to Code of Civil Procedure Section 664.6. 12.2 The Court shall retain continuing jurisdiction to effectuate the provisions of the Settlement Agreement and Judgment until such time as the Parties have completely performed all the terms of the Agreement. 12.3 In the event that any Party believes that another Party is in breach of any of the terms set forth in this Settlement Agreement, that Party asserting a breach shall give written notice to the other Party of the breach and the Parties shall meet and confer within fourteen (14) business days of such notice before any party seeks judicial enforcement. 12.4 Nothing shall preclude Plaintiffs or Intervenor from seeking the imposition of permitting restrictions or other enforcement remedies if judicial enforcement of any provision of this Settlement Agreement is required. 13. ATTORNEYS' FEES AND LITIGATION COSTS 13.1 The City shall pay Public Advocates, Inc , on behalf of Plaintiffs and Plaintiffs co- counsel, the sum of One Million Nine Hundred and Ninety Thousand Dollars ($1,990,000.00) in full settlement of Plaintiffs' attorneys' fees and costs for prosecuting the Urban Habitat Litigation through the Date of Approval of this Settlement Agreement. Payment of this settlement amount shall be made in two equal payments, as follows: 13.1.1 The City shall make payment of one -half of the settlement amount, namely, Nine Hundred and Ninety -Five Thousand Dollars ($995,000.00), within thirty days of the Date of Approval 13.1.2 The City shall make payment of one -half of the settlement amount, namely, Nine Hundred and Ninety -Five Thousand Dollars ($995,000.00), no later than July 31, 2011. 13.2 Intervenor shall not seek any recovery of attorneys' fees in connection with the Urban flabitat Litigation or General Plan /CEQA Litigation. 13.3 Except as expressly set forth herein, Plaintiffs, Intervenor and their attorneys shall have no other claim or right to, and hereby waive and release the City from, any and all other or additional consideration or payment of any kind in connection with or arising from the Urban Habitat Litigation and the General Plau /CEQA Litigation arising prior to the Date of Approval. If Plaintiffs, Intervenor or their attorneys, or any other person or entity acting on their behalf, makes any claim or assertion for additional or other attorneys fees or compensation of any kind arising Settlement Agreement and Covenant Not to Su e - Paget 1 of 15