WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims

11. Covenant Not to Sue

11.1. The Parties agree that during the Compliance Period, the Releasing Parties will refrain and forbear from commencing, instituting, or prosecuting any lawsuit, action, or other proceeding, in law, equity or otherwise, against the City and its Related Entities arising out of or relating to any of the Released Claims or Released Future Claims, including, without limitation, an action claiming that this Settlement Agreement was fraudulently induced. The Parties agree that monetary damages alone are inadequate to compensate for injury caused or threatened by a breach of this covenant not to sue, and that preliminary and permanent injunctive relief restraining and prohibiting the prosecution of any action or proceeding brought or instituted in violation hereof is a necessary and appropriate remedy in the event of such a breach or threatened breach. An action or proceeding brought to enforce (but not to rescind or reform) the terms of this Settlement Agreement is excepted from this covenant not to sue.

11.2. With respect to any of the Parties’ obligations set forth in this Settlement Agreement, the Parties agree that no claim, action or proceeding alleging any violation of or failure to perform any provision of this Settlement Agreement shall be filed, commenced or maintained unless and until the Parties have complied with all of the procedures set forth in Section 19 below.