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2006_0522_Packet
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2006_0522_Packet
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Foz�an Parties and Roseville, both individually and collectively, from any <br />and all claims that were or wuld have been asserted against them in the <br />Litigation, whether known or unlcnown, in wnnection with the Real Estate <br />and/or the matters alleged therein. <br />3. Release bv the FQr�� Parties. The For�ax� Parties, on their own behalf <br />and on behalf of their agents, successors and assigns, hereby release and <br />discharge Plaintiffs from any and all claims that could have been asserted <br />against Plaintiffs in the Litigation, whether known or unknown, in <br />wnnection with the Real Estate ar�dlor the matters alleged therein. <br />4. Release bv Roseville. Roseville, on its own behalf and on behalf of its <br />agents, hereby releases and discharges Plaintiffs from any and all claims <br />that wuld have been asserted against Plaintiffs in the Litigation, whether <br />known or unknown, in wnnection with the Real Estate a�cilor the matters <br />alleged therein. <br />5. Release and Discharge of Lis Pen�iens. Within one (1) business day of the <br />Effective Date, Plaintiffs shall file and cause to be recorded in connection <br />with the Real �state a Notice of Release and Discharge of Lis �'e�dez�s in <br />the form attached hereto as E�ibit A, which is incorporated herein by <br />reference. <br />6. Dismissal of Litigation With Preiudice. Within one (1) business day of <br />the Effective Date, Plaintiffs shall file in wnnection with the Litigation a <br />Dismissal With Prejudice in the form attached hereto as Exhibit B, which <br />is incor�orated herein by reference. <br />7. Plaintiffs' A�e�m�;nt to Cooverate and Not Interfere. Plaintiffs agree not <br />to interfere in any way, directly or indirectly, with any transaction <br />involving the Forman Parties and the Real Estate, including, without <br />limitation, matters related to subdivision and/or sales of the Real Estate. <br />In the event the Notice of Release and Discharge of Lis P��ad�s identified <br />in Paragraph 4 above is deemed insufficient for any reason, by any party, <br />including without limitation third-parties, Plaintiffs agree to cooperate <br />with the �vrtrian Parties to effectuate and execute documents such party <br />may deem necessary and sufficient to release and discharge the Lis <br />�'e�de�s. <br />8. Parties to Bear Own Costs and Ex e� nses. Each party hereto shall bear and <br />be solely responsible for their own costs and expenses, including without <br />limitation attorneys' fees, incurred in wnnection with the Litigation and <br />Lis P��ciens. <br />9. No Duress or Coercion. The parties hereto acknowledge and agree t�at they <br />have entered into this Agreement of their own free will and volition aald <br />were not coerced to do so, nor were they under duress at the time of <br />
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