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<br />attendant upon litigation between the Parties. Neither this Agreement, nor anything contained
<br />herein, nor any act or thing done in connection herewith, is intended to be, or shall be construed or
<br />deemed to be, an admission by any of the Parties of any liability, fault or wrongdoing.
<br />
<br />3.Reimbursement Payment. In consideration of the development costs incurred by
<br />McDonald's with respect to the Property, within ten (10) days of the Settlement Effective Date,
<br />City shall pay McDonald's the total sum of Ten Thousand and no/100s Dollars ($10,000.00) (the
<br />"Reimbursement Payment"). The Reimbursement Payment shall be made via check made payable
<br />to "McDonald's USA, LLC" and sent to the following address: \[INSERT\].
<br />ATTN: Monica J. Mosby, Esq.
<br />Commercial Litigation Practice Group
<br />
<br />2915 Jorie Blvd (Dept. 065)
<br />Oak Brook, Illinois 60523
<br />
<br />
<br />4.Execution of City Deed. Within five (5) days of its receipt of the Reimbursement
<br />Payment, McDonald's shall execute and deliver to the City the City Deed.
<br />
<br />5.Release by McDonald's. Upon the Settlement Effective Date, McDonald's
<br />unconditionally and irrevocably, fully, finally, and forever waives, releases, acquits and forever
<br />discharges City from any and all Claims; provided, however, that nothing herein shall waive,
<br />release, acquit or discharge any claim that McDonald's may have for enforcement or breach of this
<br />Agreement or for any acts committed after the execution of this Agreement. McDonald's
<br />understands that by signing this Agreement, it is waiving any and all Claims against City released
<br />by this Agreement to the greatest extent allowable under law.
<br />
<br />6.Release by City. Upon the Settlement Effective Date, City unconditionally and
<br />irrevocably, fully, finally, and forever waives, releases, acquits and forever discharges
<br />McDonald's from any and all Claims; provided, however, that nothing herein shall waive, release,
<br />acquit or discharge any claim that City may have for enforcement or breach of this Agreement or
<br />for any acts committed after the execution of this Agreement. City understands that by signing this
<br />Agreement, it is waiving any and all Claims against McDonald's released by this Agreement to the
<br />greatest extent allowable under law.
<br />
<br />7.Covenants Not to Sue. Without limiting the generality of the foregoing releases, the
<br />Parties hereby covenant and agree that, upon and after the Settlement Effective Date, no Party shall
<br />institute, bring, commence or continue any action in any court, arbitration, or other forum against
<br />any other Party for any of the claims released pursuant to this Agreement; provided, however, that
<br />nothing herein shall waive, release, acquit or discharge any claim for enforcement or breach of this
<br />Agreement or for any acts committed after the execution of this Agreement.
<br />
<br />8.Acknowledgement of Adequate Consideration. The Parties hereby acknowledge
<br />and agree that the foregoing mutual releases and covenants not to sue, as well as all other terms of
<br />this Agreement, are supported by adequate consideration, and the Parties hereby waive any
<br />allegation, claim and/or defense to the contrary.
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