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FEB - 26 - 2004 15 : 03 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 2 SETTLEMENT AGREEMENT 0 ` r o g go This Settlement Agreement ("Agreement") is entered into by and between Plaintiffs ACCESS NOW, INC. and ROLA.ND W. GRADY ("Plaintiffs'), and Defendants LOS ANGELES DODGERS, INC., DODGERTOWN, INC., HARRISON CONFERENCE SERVICES OF FLORIDA, JNC., and INDIAN RiVER COUNTY ("Defendants") (all parties collectively referred to as the "Parties"). This Agreement shall be effective on the date that its execution is completed by all the parties hereto ("Effective Date") . RECITALS : WHEREAS , Plaintiffs have filed an civil action against the Defendant styled Access Now, lne. and Roland W. Grady v los Angeles Dodgers, Inc. , Dodgertown, Inc. , Harrison Conference Services of Fo lorida, Inc. , and Indian River County, Care No. : 01 - 14259- CIV- PAI1VE (the "Action' ) which asserts claims that the Defendants are liable for alleged violations of Title III & II of the Americans with Disabilities Act ("AAA "), 42 U . S . C . § § 12181 et seg . , at various properties described in the amended complaint which is collectively known as Dodgertown and located in Vero Beach , Florida (the "Property ) ,- WHEREAS, Property ) ;WHEREAS, the Defendants have denied any and all liability and wrongdoing with respect to the Plaintiffs ' claims in this Action , but seek settlement for the sole purpose of reducing their legal expenses associated with. the defense of this Action; WHEREAS, subject to the terns of this Agreement, Plaintiffs and Defendants have agreed to settle this Action and resolve any and all disputes between and among them; NOW THEREFORE, in consideration of the mutUal covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties agree to be legally bound by the following tenns and conditions which constitute full settlement of this Action : 1 , Recitals : The Parties acknowledge that all of the "WHEREAS" clauses preceding paragraph 1 are incorporated as material parts of this Agreement . 2 , No Admission of Liability: Plaintiffs agree and acknowledge that this Agreement (including any of its discrete sub-parts) is not and shall not be construed as an admission by the Defendants (or any person or entity acting on their behalf) of any liability or any act of wrongdoing whatsoever, including without limitation, any violation of ( 1 ) any federal, state or local law , statute, regulation, code or ordinance; or (2) of any legal , common law or equitable duty owed by the Defendants to anyone. 3 . Readily Achievable Standard : The Parties agree that the Property is a pre-ADA public accomi-nod.ation which is subject to the ADA' s readily achievable standard, andthus, all alterations and/or modifications required by this Agreement need only satisfy that standard . To the extent that this Agreement references specific ADAAG code sections, these references are solely for guidance where readily achievable.