WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims

5. Conditions Precedent

The Parties agree that this Settlement Agreement shall be conditioned upon, and shall be effective only upon, the occurrence of each and every one of the following events:

(a) The Settlement Agreement has been approved by the City Council and the Mayor.

(b) The Settlement Agreement has been fully executed by the Parties.

(c) In accordance with Section 6.2 below, Plaintiffs and the City have jointly moved for an order granting Preliminary Approval of the Settlement Agreement, and such motion has been fully granted by the District Court.

(d) In accordance with Section 6.7 below, Plaintiffs and the City have jointly moved for Final Approval of the Settlement Agreement and entry of the Judgment.

(e) In accordance with Section 6.10 below, a Final Approval Hearing has been conducted by the District Court, and the Judgment has been entered by the District Court and has become Final.

(f) The Parties request that the District Court make the findings outlined in Section 3 above.

(g) The Carter/Fahmie Settlement Agreement has been fully executed by the City and the Carter/Fahmie Plaintiffs, the Superior Court in the Carter/Fahmie Action has granted final approval of the Carter/Fahmie Settlement, final judgment has been entered by the Superior Court and such final judgment has become Final.

(h) The Pineda Action has been dismissed with prejudice, and the Pineda Plaintiffs have provided the City with a general release of claims arising from or related to the matters alleged in the Pineda Action.

(i) The Griffin Action has been dismissed with prejudice, and the Willits Plaintiffs have provided the City with a general release of claims arising from or related to the matters alleged in the Griffin Action.

Prior to the occurrence of each of the foregoing events described in this Section 5, the Parties’ only obligations under this Settlement Agreement shall be those set forth in Section 6 below.