|
8. The Governmental Entity has the right to enforce the Distributors Washington Settlement
<br />as provided therein.
<br />9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
<br />all purposes in the Distributors Washington Settlement, including, but not limited to, all
<br />provisions of Section XI of the Global Settlement, and along with all departments,
<br />agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
<br />attorneys, and any person in their official capacity elected or appointed to serve any of
<br />the foregoing and any agency, person, or other entity claiming by or through any of the
<br />foregoing, and any other entity identified in the definition of Releasor, provides for a
<br />release to the fullest extent of its authority. As a Releasor, the Governmental Entity
<br />hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim,
<br />or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
<br />establish liability for any Released Claims against any Released Entity in any forum
<br />whatsoever. The releases provided for in the Distributors Washington Settlement are
<br />intended by the Agreement Parties to be broad and shall be interpreted so as to give the
<br />Released Entities the broadest possible bar against any liability relating in any way to
<br />Released Claims and extend to the full extent of the power of the Governmental Entity to
<br />release claims. The Distributors Washington Settlement shall be a complete bar to any
<br />Released Claim.
<br />10. The Goventmental Entity hereby takes on all rights and obligations of a Participating
<br />Subdivision as set forth in the Distributors Washington Settlement.
<br />I 1. In connection with the releases provided for in the Distributors Washington Settlement,
<br />each Governmental Entity expressly waives, releases, and forever discharges any and all
<br />provisions, rights, and benefits conferred by any law of any state or territory of the
<br />United States or other jurisdiction, or principle of common law, which is similar,
<br />comparable, or equivalent to $ 1542 of the California Civil Code, which reads:
<br />General Release; extent. A general release does not extend to claims that
<br />the creditor or releasing party does not know or suspect to exist in his or
<br />her favor at the time of executing the release, and that if known by him or
<br />her would have materially affected his or her settlement with the debtor or
<br />released party.
<br />A Releasor may hereafter discover facts other than or different from those which it
<br />knows, believes, or assumes to be true with respect to the Released Claims, but each
<br />Governmental Entity hereby expressly waives and fully, finally, and forever settles,
<br />releases and discharges, upon the date the Distributors Washington Settlement becomes
<br />effective pursuant to Section II.B of the Distributors Washington Settlement, any and all
<br />Released Claims that may exist as of such date but which Releasors do not know or
<br />suspect to exist, whether through ignorance, oversight, elror, negligence or through no
<br />fault whatsoever, and which, if known, would materially affect the Governmental
<br />Entities' decision to participate in the Distributors Washington Settlement.
<br />F-2
|