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

9. Release of Claims

9.1. Released Claims Up to the Commencement of the Compliance Period

Effective upon the entry of Judgment by the District Court, Plaintiffs and the Settlement Class members (and their respective heirs, assigns, successors, executors, administrators, agents and representatives) ("Releasing Parties") do fully and finally release, acquit and discharge the City and its Related Entities from any and all claims, allegations, demands, charges, complaints, actions, lawsuits, rights, liabilities, losses, injuries, obligations, disputes and causes of action of any kind, whether asserted as individual claims, as claims on a class basis or on behalf of the general public, and whether known or unknown, suspected or unsuspected, asserted or unasserted, or actual or contingent, solely for injunctive, declaratory, or other non-monetary relief, however described, that were brought, could have been brought, or could be brought now or in the future by the Releasing Parties under any Accessibility Laws and that in any way relate to or arise from any of the City’s or the Released Entities’ alleged actions, omissions, incidents, or conduct related to the accessibility of any of the City’s Pedestrian Facilities to persons with any Mobility Disability at any time prior to the Commencement of the Compliance Period (the "Released Claims").

9.2. Released Claims During the Compliance Period

Effective upon the entry of Judgment by the District Court, the Releasing Parties do fully and finally release, acquit and discharge the City and its Released Entities from any and all future claims, allegations, demands, charges, complaints, actions, lawsuits, rights, liabilities, losses, injuries, obligations, disputes and causes of action of any kind, whether asserted as individual claims, as claims on a class basis or on behalf of the general public, and whether known or unknown, suspected or unsuspected, asserted or unasserted, or actual or contingent, solely for injunctive, declaratory, or other non-monetary relief, however described, that could be or are brought by the Releasing Parties under any Accessibility Laws and that in any way relate to or arise from any of the City’s or the Released Entities’ alleged actions, omissions, incidents, or conduct related to the accessibility of any of the City’s Pedestrian Facilities to persons with any Mobility Disability at any time during the Compliance Period ("Released Future Claims"). Such Released Future Claims, however, shall not include any claims to enforce the terms of this Settlement Agreement.

The release in this Section 9.2 will apply and be binding upon the members of the Settlement Class throughout the term of this Settlement Agreement.