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<br />resolve the litigation, ancillary litigation, avoid further litigation, settle all claims and buy <br /> <br />peace; <br /> <br />NOW, THEREFORE, FORAND IN CONSIDERATION of the mutual promises and <br /> <br />agreements herein contained, including the foregoing recitals which form an integral part <br /> <br />of this Agreement, and in consideration of the Agreed Settlement Sum and the Ordinance <br /> <br />Granting a Permit And Consent enacted by each Settling Class City, and other good and <br /> <br />valuable consideration, and in order to buy their respective peace, the receipt and <br /> <br />independent adequacy of all elements of such consideration being acknowledged by the <br /> <br />parties hereto, the parties hereby contract, covenant and agree as follows: <br /> <br />1. The following terms are defined as follows when used within this Agreement: <br /> <br />a. "AGREEMENT" shall mean this Full and Final Release and Settlement <br />Agreement and all referenced Exhibits hereto. <br /> <br />b. "CLASS CITIES" shall mean those cities that were given notice of this class <br />action after it was certified, have not opted out or have rescinded their <br />original opt out, and have not been severed, dismissed, nonsuited, or <br />otherwise removed from the class by court order. <br /> <br />c. "SETTLING CLASS CITIES" shall mean the Class Cities that have been <br />given notice of the settlement, have agreed to the terms, conditions and <br />consideration supporting the settlement, have agreed to accept the benefits <br />hereof, and have agreed to be bound by the Agreement. <br /> <br />d. "SETTLING DEFENDANTS" or "PG&E" shall mean all the parties named <br />as Defendants in the litigation, and the directors, officers, general and limited <br />partners, joint ventures, employees, and representatives of said entities. <br /> <br />e. PIPELlNE(S) shall mean the intrastate, interurban PG&E natural gas and <br />natural gas liquids transmission pipelines and all their appurtenant facilities, <br />including, but not limited to, mains, spurs, laterals, meters, valves, corrosion <br />protection systems, city gates, and other related facilities of PG&E owned, <br />leased, operated and/or controlled, in whole or in part (such as through a <br />joint venture or partnership, for example), by PG&E. The location of the <br /> <br />FINAL VERSION <br />October 18,1999 (6:15PM) <br /> <br />~3~ <br />