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1.7 On or about December 5, 1997, CITY and PG&E reached a tentative settlement of
<br />the Lawsuit, which settlement this Agreement is intended to document and conclude.
<br />NOW, THEREFORE, PG&E and CITY, in consideration of the promises
<br />contained herein and subject to the terms and conditions set forth below, agree as follows:
<br />2.0 Compromise and Release.
<br />This Settlement Agreement is entered into in compromise of disputed claims and
<br />rights. Specifically, CITY and PG&E desire to compromise, settle and discharge all disputes,
<br />claims, demands, actions or causes of action whatsoever of every kind and nature (in law, equity,
<br />and matters subject to the jurisdiction of the California Public Utilities Commission), including
<br />those embraced within the above Action, as well as any other disputes that pertain to, or arise out
<br />of, either party's construction, installation, operation, use, maintenance, repair, replacement,
<br />painting, or ownership of the streetlight facilities, that are the subject of this Action, prior to
<br />December 1, 1997, including any PG&E billings (pursuant to PG&E tariff to the CITY for such
<br />streetlights prior to December 1, 1997, and any full payments of such billings. CITY and PG&E,
<br />and each of them, therefore hereby forever discharges and mutually releases the other party,
<br />including the other party's agents, employees, officers, and assigns of and from any and all claims,
<br />demands, rights, liability, suits, debts, liens, actions and causes of action, of every kind and nature
<br />whatsoever, at law or in equity, known and unknown, suspected and unsuspected, disclosed and
<br />undisclosed which the releasing party ever had, now has or hereafter may have by reason or any
<br />act, omission, matter, cause or thing from the beginning of time to December 1, 1997, arising out
<br />of either party's construction, installation, operation, use, maintenance, repair, replacement,
<br />painting, or ownership of the streetlight facilities that are the subject of this Action, including any
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