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6 <br /> <br />demands, causes of action, obligations, damages, security interests and liability of any nature <br />whatsoever whether known or not known, suspected or claimed which the releasing Party ever <br />had, now has, or claims to have against the other from the beginning of time to the date of this <br />Agreement, including but not limited to any and all claims which are or may be based in whole or <br />in part on, or due or may arise out of, or are or may be related to or in any way connected with the <br />matters or claims referred to the respective pleadings in the Lawsuit, including but not limited to <br />the use or ownership of the Right-of-Way known as Western Avenue. <br /> 10. STIPULATION OF DISMISSAL. At such time as the terms of this Agreement, <br />including all contingencies in Section 7 have been complied with, counsel for Parties shall file a <br />Stipulation of Dismissal with prejudice and without costs in the form attached hereto as Exhibit <br />E. With the exception of the Reimbursement contemplated in Section 2 above, each party shall <br />bear its own costs and attorneys’ fees in connection with this Lawsuit. <br /> 11. CONSENT AND ADVICE OF COUNSEL/GOOD FAITH AGREEMENT. All <br />Parties to this Agreement acknowledge that they know and understand the contents of this <br />Agreement and this Agreement has been executed voluntarily, in good faith, and without coercion <br />by any party. Further, this Agreement represents a negotiated se ttlement to resolve the Lawsuit <br />on terms agreeable to all Parties. Finally, by their signature below, each Party acknowledges that <br />they have been represented by the independent legal counsel of their choice or each Party has <br />executed this Agreement with t he consent and on the advice of such independent legal counsel. <br />12. MISCELLANEOUS <br />A. This Agreement constitutes the complete and final understanding between <br />the parties with regard to the matters set forth herein.