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1. Attorneys' Fees and Costs. <br /> (a) For the purpose of compromising and settling Heron Bay HOA's <br /> claims for attorneys' fees pursuant to Code of Civil Procedure section 1021.5,out-of-pocket <br /> expenses, and costs of suit,and avoiding the time and expense of further litigation of those <br /> claims,the Parties have agreed to settle Heron Bay HOA's claims for costs and attorneys' fees <br /> made in the Four Turbine Action. <br /> (b) Within seven(7)calendar days after this Agreement is executed,the <br /> City shall pay$13,500 to Heron Bay HOA's counsel in connection with the resolution of the <br /> Four Turbine Action. <br /> (c) Within two (2)court days after this Agreement is executed,Heron Bay <br /> HOA will withdraw its memorandum of costs and the City will withdraw its motion to tax <br /> costs. <br /> 2. Effective Date <br /> This Agreement is conditioned upon,and will take effect only upon, approval <br /> by each of the Parties, demonstrated by their respective signatures to this Agreement. <br /> The date upon which the last of these events occurs constitutes the"Effective Date"of <br /> this Agreement. <br /> 3. Limited Release. <br /> Nothing in this Agreement shall be construed to waive or release any claims <br /> that any Party may have against any person or entity not a Party to this Agreement. <br /> Nothing in this Agreement shall be construed to waive or release any claims other than <br /> claims for attorneys' fees and costs incurred in the Four Turbine Action. <br /> 3 <br /> 358521.1 <br />