MUTUAL
RELEASE
This Mutual
Release is made as of March 2, 2007, by River Rock Entertainment
Authority (“River Rock”), a governmental
instrumentality of and successor in interest to the Dry Creek
Rancheria Band of Pomo Indians (the “Tribe”), a
federally recognized Indian tribe, and Dry Creek Casino, LLC, a
Texas limited liability company (“Developer” and,
together with River Rock, the “Parties”) with respect
to the following:
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1.
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FOR GOOD AND
VALUABLE CONSIDERATION, the receipt and sufficiency of which are
hereby acknowledged, River Rock, for itself and its successors and
assigns, does hereby forever release, discharge and acquit
Developer and its successors and assigns, and the members and
managers of Developer and their successors and assigns, and the
officers, directors, employees and agents of each of them, and
Developer for itself and its successors and assigns, does hereby
forever release, discharge and acquit River Rock, the Tribe, and
each of their respective affiliates, subsidiaries, successors and
assigns, and the officers, directors, employees and agents of each
of them of and from any and all claims, demands, obligations,
liabilities, indebtedness, breaches of contract, breaches of duty
or any relationship, acts, omissions, misfeasance, malfeasance,
cause or causes of action, judgments, debts, controversies,
damages, costs, losses and expenses of every type, kind, nature,
description or character, and irrespective of how, why, or by
reason of what facts, whether heretofore or now existing, or which
could, might or may now or hereafter be claimed to exist, of
whatever kind, name or nature, whether known or unknown, past or
present, latent or patent, suspected or unsuspected, anticipated,
or unanticipated, liquidated or unliquidated, each as though fully
set forth herein at length, which in any way arise out of, are
connected with or related to the making, documenting or performing
of that certain Development and Loan Agreement between River Rock
and Developer dated as of August 21, 2001, as amended (the
“Agreement”).
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2.
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Each of River
Rock and Developer (each, a “Releasor”) hereby agrees,
represents and warrants that it realizes and acknowledges that
factual matters now unknown to it may have given or may hereafter
give rise to causes of action, claims, demands, debts,
controversies, damages, costs, losses and expenses which are
presently unknown, unanticipated and unsuspected, and it further
agrees, represents and warrants that this Mutual Release has been
negotiated and agreed upon in light of that realization and that it
nevertheless hereby intends to release, discharge and acquit River
Rock and Developer, respectively, and each of them, from any and
all such unknown causes of action, claims, demands, debts,
controversies, damages, costs, and losses and expenses
whic
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