NEW CINGULAR WIRELESS PCS LLC (CLAIMANT) THE SETTLE CLASS

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A- 2014 -360 AGREEMENT OF SETTLEMENT & RELEASE BETWEEN NEW CINGIILAR WIRELESS PCS :LLC AND THE CITY OF SANTA APIA, CALIFORNIA New Cingular Wireless PCS LLC (`'Claimant ") the Settlement Class as described below and the City of Santa Ana ("City) enter into the following Agreement of Settlement and Release ("'Agreement ") with regard to the Claim described and defined below. WHEREAS, the Claimant and Settlement Class submitted to City a, claim dated November 1, 2010 seeking the refund of $673,147.68 in Local Utility User Tax CTax'% which Tax had previously been collected by the Claimant from, its customers on charges for data services between November 1, 2005 and September 30, 2010, and which Tare previously was remitted by the Claimant to City (the "Claim "); and WHEREAS, City has asserted various defenses to the Claim, including but not limited to an assertion that certain portions of the Claim are outside the limitations period for which a refund of Tax is available under the City Municipal Code; and WHEREAS, the Claimant is a patty - defendant to the GiBbal Class Action Settlement Agreement approved by the United States District Court for the Northern District of Illinois in Case No. 10- CV02278, pursuant to which the rights of'the customers included in the 5ettlerrimt Class (the "Settlement Class ") have been established; and WHEREAS, the Settlement Class includes but is not limited to customers from whom the Tax was collected., which Tax is sought in the Claim; and WHEREAS, the Claimant and Pity desire to promptly return, to the Settlement Class customers the refundable amount of Tax sought in the Claim, and to resolve this matter fully and finally as between the Claimant and City. NOW, THEREFORE, the parties hereto mutually agree: