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MAR - 03 - 2004 11 : 24 FROM : LITTER MENDELSON 305 603 2552 T0 : 2 #229# 17725694317 # P . 2 / 4 S. Covenant Not To Svc: Except as required by court order, subpoena or other legal process, the Releasor further agrees and covenants that neither it, nor any person or entity acting on its behal& will rile, charge, claim, sue, encourage, aid or participate in any legal action or administrative proceeding against the Releasees involving any matter specifically related, to the Property occurring at any time in the past up to and including the $ffective Date of this Agreement or involving any continuing effects of any acts or practices at or related to the Property which may have arisen or occurred prior to the Effective Date of this Agreement. The Releasor further agrees that if any person, organization or other entity should bring a claim against the Releasees involving any such matter, it will not accept any individual relief in any such action. 9. Othcr Actions: Plaintiffs represent that, other than this Action, they (either jointly or severally) have no suits, claims, charges , complaints or demands of any kind whatsoever currently pending against the Defendants, withnay local, state, or federal court or any governmental, administrative, investigative, civil rights or other agency or board . 10. Confidentiality : The Parties warrant that all the provisions of this Settlement Agreement will remain in strict confidence, except where disclosure is required by law , or under appropriate legal process to enforce this Agreement. The Parties agree to refrain from making any statements about this Action, the allegations contained therein, or this Settlement Agreement, The Plaintiffs and their attorneys may acknowledge to any party that Plaintiffs filed a complains, that the Defendants denied any and all liability, and that the case has been settled amicably without admission of liability by any party, The Defendants may share this Settlement Agreement with any prospective purchasers of the Property, with any parties engaged to perform the barrier removal obligations herein, and as evidence against future potential or actual legal action regarding the Property' s ADA compliance . 11 , Notice Requirements : Each notice ("Notice') provided for under this Agreement must comply with the requirements as set forth in this paragraph , Each Notice shall be in writing and sent by depositing it with a nationally recognized overnight courier service which obtains receipts (such as Federal Express or UPS Next Day Air), addressed to the appropriate party (and marked to a particular individual ' s attention, if so indicated) as hereinafter provided. Each Notice shall be effective upon being so deposited, but the time period in which a response to any notice must be given or any action taken with respect thereto sliall commence to run from the date of receipt of the Notice by the addressee thereof, as evidenced by the return receipt. Rejection or other refusal by the addressee to accept or the inability to deliver because of a changed address of which no Notice was given shall be deemed to be the receipt of the Notice sent, Any party shall have the right from time to time to change the address or. individual ' s attention to which notices to it shall be sent by giving to the other party at least ten ( 10) days prior notice thereof. The Parties ' addresses for providing Notices hcrcunder shall be as follows : SCHWARTZ ZWEBEN & ASSOCIATES Attorney for PlaintifTs Attention: Grcgory E . Schwartz, Esq. 4651 Sheridan Street, Suite 355 Hollywood, FL 33021 Tel : (954) 966-2483 Fax : (954) 966-2566 3