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<br />b. Release of PG&E The Class Plaintiffs, for themselves and on behalf of the
<br />Settling Class Cities, and their agents, attorneys, representatives,
<br />employees, elected and appointed officials, and all other related persons or
<br />entities ("Releasing Parties"), hereby forever release, discharge, and acquit
<br />the Settling Defendants, their successors, and assigns, of and from any and
<br />all past, present, or future claims, demands, obligations, causes of action,
<br />contentions or legal theories, known or unknown, and any and all past,
<br />present, or future damage, including, without limitation, loss of income,
<br />contractual rights or interests, statutory damages, pre- or post-judgment
<br />interest, costs of court, punitive damages, attorneys' fees, and any other
<br />damage or expense, accrued or unaccrued, whether now known or unknown,
<br />fixed or contingent, real or spurious, and whether any of the foregoing arise
<br />out of common law, contract, tort, equity, regulation, state or federal
<br />constitution, statute, city ordinance or any other applicable law, which the
<br />Releasing Parties now have or may hereafter accrue or acquire, which are
<br />the subject of the litigation and ancillary litigation, and/or which might have
<br />been asserted in any court, forum, tribunal, commission or agency
<br />whatsoever, in connection with, arising out of, or in any way related to the
<br />Pipelines, any acts, facts, transactions, occurrences, representations or
<br />omissions asserted or which could have been asserted in the litigation and
<br />ancillary litigation or arising for any reason out of any natural gas activities
<br />or any relationship with, or duty owed by the Settling Defendants to the
<br />Releasing Parties. It is the intention of the Releasing Parties to release all
<br />claims and potential claims against the Settling Defendants, including, only
<br />by way of example and not limitation: (1) trespassing/purpresture upon city
<br />property; (2) failure to obtain lawful consent for Pipelines within the city; (3)
<br />failure to pay monies or underpaying monies due under street rental
<br />ordinances or othe.r city ordinances impacting Pipeline operations and
<br />Pipeline business activities; (4) tortiously interfering with any Settling Class
<br />City's contract or franchise with its local gas distribution company; (5)
<br />allegedly aiding and abetting third parties to violate any franchise
<br />agreements or city ordinances; and (6) breach of any expired or existing
<br />franchise agreement between a city and any of the Settling Defendants and
<br />other related causes of action.
<br />
<br />7. WARRANTY OF FULL AUTHORITY AND NO ASSIGNMENT: Each of the
<br />Releasing Parties represent and warrant on behalf of themselves individually that
<br />they each respectively own and control 100% of the claims released herein and
<br />have full authority to execute this Agreement. Each of the respective Releasing
<br />Parties on behalf of themselves represent, covenant, and warrant that none of their
<br />individual claims released herein have previously been conveyed, assigned,
<br />pledged, sold or transferred, in whole or in part, to any third party, and that they
<br />have full authority to release any and all claims.
<br />
<br />FINAL VERSION
<br />October 18,1999 (6:15PM)
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