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8.3. Dismissal of Litigation with Prejudice. Petitioner FOL shall provide an executed
<br />request for dismissal of the Litigation with prejudice to the City on the Effective
<br />Date of the Agreement. The City shall file the executed request for dismissal with
<br />the Orange County Superior Court upon the Brandt-Hawley Law Group's receipt
<br />of the payment of Attorney's Fees and Costs sent forth in paragraph 8.2.
<br />9. Release of Claims.
<br />9.1. FOL's Release. The Parties agree that, as of the Effective Date of this
<br />Agreement, Petitioner FOL and each individual member of FOL and Debra
<br />McEwen (the "Releasing Parties") shall be conclusively deemed to have released
<br />the City, the Agency and the Developer, and their respective heirs, administrators,
<br />successors, assigns, agents, employees, officers, partners and directors (the
<br />"Released Parties") from all rights, actions, claims, debts, demands, costs,
<br />contracts, allegations, liabilities, obligations, demands, and causes of action,
<br />whether known, suspected, or unknown, at law or in equity, which each of the
<br />Releasing Parties, or any of them, had, now has or as of the Effective Date of this
<br />Agreement has against the Released Parties, or any of them, arising from or
<br />relating to the Station District Project; the Revised Station District Project; the
<br />DDA; the Revised DDA; any future demolition of structures or acquisition of
<br />property by the Agency or the City on the Potential Park Site for park/open space
<br />uses; the associated EIR as it applies to the Station District Project, the Revised
<br />Station District Project, and the Potential Park Site's use for park/open space uses;
<br />and the Litigation or any portion thereof, including without limitation, all costs
<br />and fees incurred by the Releasing Parties in, or arising from, such actions
<br />(collectively, the "Released Claims"). The Releasing Parties, and each of them,
<br />shall conclusively be deemed to have waived and relinquished to the fullest extent
<br />that it may lawfully do so, all rights and benefits afforded by Section 1542 of the
<br />Civil Code of the State of California ("Section 1542") which states as follows: "A
<br />GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
<br />CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
<br />FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
<br />KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
<br />OR HER SETTLEMENT WITH THE DEBTOR." This release does not extend
<br />to the right of each Party, including members of Petitioner FOL, to institute legal
<br />action to seek specific performance of this Agreement, as set forth in Section
<br />10.3.
<br />9.2. Understanding of Section 1542 Waiver. The Releasing Parties, by executing this
<br />Agreement, assume the risk that they are unaware of the subject matter of this
<br />Agreement, or are otherwise mistaken as to relevant facts, and acknowledge that
<br />they may discover facts in addition to or different from those that they now know
<br />or believe to be true concerning the Released Claims and other matters contained
<br />in or concerning this Agreement. Each Party nevertheless agrees and intends this
<br />Agreement to be a complete release of the Released Claims, and to settle all
<br />disputes and differences relating to the Released Claims, known or unknown,
<br />suspected or unsuspected, that have existed, now exist, or may now exist between
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