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<br />K-2
<br />as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger
<br />Settlement.
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<br />7. The Governmental Entity has the right to enforce the Kroger Settlement as provided
<br />therein.
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<br />8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
<br />all purposes in the Kroger Settlement, including without limitation all provisions of Section
<br />XI (Release), and along with all departments, agencies, divisions, boards, commissions,
<br />districts, instrumentalities of any kind and attorneys, and any person in their official
<br />capacity elected or appointed to serve any of the foregoing and any agency, person, or other
<br />entity claiming by or through any of the foregoing, and any other entity identified in the
<br />definition of Releasor, provides for a release to the fullest extent of its authority. As a
<br />Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably
<br />covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or
<br />claimed, or to otherwise seek to establish liability for any Released Claims against any
<br />Released Entity in any forum whatsoever. The releases provided for in the Kroger
<br />Settlement are intended by the 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 Kroger Settlement shall be a complete bar to any Released Claim.
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<br />9. The Governmental Entity hereby takes on all rights and obligations of a Participating
<br />Subdivision as set forth in the Kroger Settlement.
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<br />10. In connection with the releases provided for in the Kroger Settlement, each Governmental
<br />Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
<br />benefits conferred by any law of any state or territory of the United States or other
<br />jurisdiction, or principle of common law, which is similar, comparable, or equivalent to
<br />§ 1542 of the California Civil Code, which reads:
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<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 her
<br />favor at the time of executing the release that, if known by him or her would
<br />have materially affected his or her settlement with the debtor or released
<br />party.
<br />A Releasor may hereafter discover facts other than or different from those which it knows,
<br />believes, or assumes to be true with respect to the Released Claims, but each Governmental
<br />Entity hereby expressly waives and fully, finally, and forever settles, releases and
<br />discharges, upon the Effective Date, any and all Released Claims that may exist as of such
<br />date but which Releasors do not know or suspect to exist, whether through ignorance,
<br />oversight, error, negligence or through no fault whatsoever, and which, if known, would
<br />materially affect the Governmental Entities’ decision to participate in the Kroger
<br />Settlement.
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