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A-2019-235 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS COPY This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into by and between MIC1141, SEMAZA (hereinafter "Plaintiff'), and CITY OF SANTA ANA and OFFICER NELSLLON MENENDEZ (hereinafter "Defendants'). WHEREAS, Plaintiff filed an action against Defendants in the Superior Court of the State California, County of Orange, Central Justice Center known as MICHAEL SEMAZA v. CVY OF SANPAANAandOFTYCERN. MENENDEZCase No. 30-2019-01050041-CU-PO-CJC. Defendants removed the case to the United States District Court, Central District, Case No. 8:19-CV-00586 JVS (ASx)(the "Action'). WHEREAS, Plaintiff and Defendants (collectively, the "Parties"), desire to settle fully and finally all differences between them, including, but in no way limited to, those differences described above. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows: FIRST: This Agreement and compliance with this Agreement shall not be construed as an admission by Defendants of any liability whatsoever, or as an admission by Defendants of any violation ofthe rights of Plaintiff or anyperson, or violation of any order, law, statute, duty, or contract whatsoever against Plaintiff or any person. Defendants specifically disclaims any liability to Plaintiff or any other person for any alleged violation of the rights of Plaintiff or any person, or for any alleged violation of any order, law, statute, duty, or contract on the part of any employees or agents of Defendants. Likewise, this Agreement and compliance with this Agreement shall not be construed as an admission by Plaintiff of any liability, misconduct, or wrongdoing whatsoever. SECOND: (a) Each party will exchange a fully signed executed copy or original of this Agreement. Defendant cannot proceed with processing payment as set forth herein without first receiving a fully executed copy of the Agreement from Plaintiff. (b) Following receipt of, or in exchange for, an executed copy of a Request for Dismissal from Plaintiff dismissing this Action with prejudice, Defendant will make available a check in the amount of One Hundred and Twenty -Five Thousand Dollars ($125,000) made payable to "MICHAEL SEMAZA AND THE LAW OFFICES OF GENE J. CrOLDSMAN." Plaintiff will file the Request for Dismissal after delivering the check. Plaintiff and Defendants agree that this Agreement constitutes full and complete settlement of all claims and damages made against Defendants in this Action. Plaintiff will not seek any further compensation for any other claimed damages, costs, or attorneys fees in connection with the matters encompassed in this Agreement.