AGREEMENT AND COVENANT NOT TO SUE CITY OF MOUNT VERNON, NEW YORK PROSPECTIVE PURCHASER AGREEMENT **** SETTLEMENT OF $283,050.45 INCLUDES $10,886.56 FOR COVENANT-NOT-TO-SUE CONSIDERATION AND $272,163.89 FOR COST RECOVERY / DROPPING OF COMPETING BANKRUPTCY CLAIM. CITY OF MT. VERNON WILL TAKE TITLE TO ABANDONED PROPERTY AND RETURN IT TO BENEFICIAL USE. WITHOUT THIS AGREEMENT, THE CITY WOULD NOT HAVE GONE FORWARD WITH ITS PURCHASE OF PROPERTY. BECAUSE OF POTENTIAL SUPERFUND LIABILITY, NO OTHER BUYERS WERE INTERESTED IN TAKING TITLE.