Medical Marijuana - Chp Settlement

FINAL SETTLEMENT AGREEMENT & RELEASE This FINAL SETTLEMENT AGREEMENT (hereinafter "Final Agreement") fully sets forth the terms of the final settlement between AMERICANS FOR SAFE ACCESS ("ASA"), MARY JANE WINTERS, TIFFANY SIMPSON, ANTHONY BOWLES, JAMES HAGGARD, SHANNON STANSBERRY, KATHLEEN HONZIK, DOES 1-2, and defendants CALIFORNIA HIGHWAY PATROL ("ASA"), ARNOLD SCHWARZENEGGER, Governor of California, and MIKE L. BROWN, Commissioner of the California Highway Patrol, collectively referred to as "Parties." The Parties agree as follows: RECITALS A. Plaintiffs filed a verified complaint for declaratory relief, preliminary injunction, and permanent injunction in the Alameda County Superior Court (Case Number RG05 19364), hereinafter referred to as the "Action."

B. On or about April 20,2006, the parties executed a Settlement Agreement and Release, which required the CHP to perform certain actions in exchange for the settlement of the claims encompassed by the Action, with the exception of attorney fees. In particular, Paragraphs E and 7 of the Settlement Agreement and Release enlarged the period of time for plaintiffs to file a motion for attorney fees, if the parties could not resolve the issue informally. C. The parties have reached an agreement on attomey fees, which will fully and finally settle this matter and renders a motion for attomey fees unnecessary. AGREEMENT

In consideration of the mutual terms, covenants, conditions and releases of this Final Settlement Agreement, the Parties hereto agree as follows: Attorney Fees Within 5 days from the Effective Date of this Agreement, counsel for the 1. CHP will deliver a check payable to Americans for Safe Access in the amount of $75,000.00 as full and final payment of attorney fees in this matter. This check will be delivered to the following address: Attn: Joe Elford

Americans for Safe Access

1322 Webster Street, Suite 402

Oakland, California 946 12

In exchange for this payment of $75,000.00 in attorney fees, plaintiffs and their counsel relinquish any and all claims for fees and costs, including, but not limited to, attorney fees, in this matter. Specifically, plaintiffs recognize that this Final Agreement fully and finally settles any claims to attorney fees and they will not file a motion for fees under Rule 870.2 of the California Rules of Court. 2.

Settlement Agreement and Release

3. This Final Agreement does not modifj the Settlement Agreement and Release, executed on or about April 20,2006, in any way, except that it resolves the issue of attorney fees and costs. All obligations arising under the Settlement Agreement and Release, executed on or about April 20,2006, remain in full force and effect. Effective Date of Agreement 4.

This Final Agreement is effective when signed by representatives for all

parties.

5. For the purposes of executing this Final Agreement, signatures transmitted by facsimile shall have the full force and effect of an original signature.

The undersigned have read the foregoing Final Agreement and accept and agree to the provisions contained therein and hereby execute it voluntarily and with the full understanding of its consequences, and further warrant that they have the authority to sign this Final Agreement on behalf of the respective entity. Dated: October 6, 2006

OFFICE OF THE ATTORNEY GENERAL

PNATHAN K. RENNER Deputy Attorney General, Attorney for Defendants

Dated: 0ctober

k,2006

AMERICANS FOR SAFE ACCESS