AGREEMENT NOT TO SUE This Agreement Not to Sue (“Agreement”) is entered into by and among the University of Notre Dame du Lac (“University”), and those individuals from the list lient” and attached as Exhibit “A” who have executed this Agreement (individually collectively “Clients”) (University and Clients are collectively the “Parties”). The Clients were included as part of a Notice of Tort Claim (“NTC”), tendered to the University by Attorney Thomas Dixon (“Clients’ Counsel”) on behalf of the Clients. STATEMENT OF FACTS A. In 2009, the University invited the President of the United States to be its Commencement speaker. B. Clients expressed concerns about this invitation because some of the President's policies are contrary to the fundamental teachings of the Catholic Chureh, C. Based upon their sincerely held beliefs, Clients felt an obligation to visit the Campus of the University (“Campus”) from on or about May 1, 2009 until May 17, 2009, the date of Commencement. D. The University has certai Campus (“Protest Policies” policies relative to protests conducted on its ‘The Clients conducted certain activities on Campus which the University believed violated its Protest Policies. F. Asa result, Cliemts were arrested on a charge of trespass as defined under Indiana law and criminal charges of trespass as a Class A Misdemeanor were brought in the St. Joseph County, Indiana Superior Court by the Prosecuting Attorney of St. Joseph County (“Prosecutor”). G. During the course of discovery in the criminal proceedings, representatives from the University were subpoenaed to testify, and the University was represented by its General Counsel's Office and outside counsel (collectively “Counsel for University”) during those proceedings. H. During the course of these discovery proceedings, Counsel for University and Clients’ Counsel have discussed the prospects of reconciliation1. The purpose of this Agreement is to provide a basis for reconciliation before God and a continuing dialogue between the University and Clients. J. Clients are pro-life activists, who were arrested while engaged in prayerful demonstrations in support of their cause. They are all deeply committed Christians and almost all are Roman Catholics. No damage to person or property arose out of their aetions. K. University is a leading Catholic Institution of Higher Learning and is actively involved in pro-life advocacy and ministry, Many of the University’s highest ranking officers, directors, and faculty, along with hundreds of students have committed to regularly attending the March for Life in Washington D.C. alongside several of the Clients. Further, the University is engaged in many other pro-life initiatives, both on Campus, and throughout its expansive Alumni Association network, L. While it is not within the University’s power to dismiss the pendin; criminal charges, it is the University’s position that reconciliation with its brothers and sisters in the faith will be much better promoted and accomplished through settlements of disagreements, than. through litigation. Clients share this belief and wish to engage this dialogue with the University as well. M. No further activities by Clients have occurred since May, 2009, either on Campus or throughout the State of Indiana which would cause any one of them to be either arrested or cause the University to enforce the No Trespass Notices which were issued to Clients. N. _ Itis the sincere wish of the University and Clients to use this Agreement as the foundation for working together in their common beliefs and activities in support of the sanctity of human life. 0. This Agreement should not be construed as an admission of any liability or wrongdoing by any of the Parties. Wherefore, based upon the mutual promises and stipulations , the Parties agree as follows: 1. Statement _of Facts. The Statement of Facts are incorporated into the operative provisions of this Agreement as if fully set out herein. 2. Stipulations _of University. The University agrees to: (@) Cancel and rescind all No Trespass Notices which were issued to Clients. Accordingly, Clients are weleome to visit the University’s ‘Campus for all purposes afforded to the general public,(b) d) Communicate to the Prosecutor its support for dismissing with prejudice all criminal charges pending against Clients from the May, 2009 arrests which occurred on or adjacent to Campus under Consolidated Cause No. 71D01-0905-CM-03246. Counsel for the Parties have approved for publication on or after the Effective Date two (2) Press Releases to be distributed contemporaneously to the public. A copy of the Press Releases are attached hereto and made a part hereof as Exhibit “B-1" (the “University Release”) and Exhibit “B-2” (the “Thomas More Society Release” collectively “Press Releases”). Undertake such other reasonable actions which are necessary in order to implement the terms and conditions of this Agreement. Stipulations of Clients. The Clients shall individually or collectively: (a) (e) @ Refrain forever from instituting, pressing, collecting, or in any way acting or proceeding upon any and all claims, judgments, debts, causes of action, suits and proceedings of any kind, in the civil Jaw, or in equity, which they individually or collectively ever had, now have, or may have against the University, United States of America, State of Indiana, St. Joseph County, and the City of South Bend, their officers, employees, or their legal representatives, agents, successors, or assigns arising out of the May, 2009 arrests, and described in the NTC. When visiting Campus, Clients shall follow all rules, regulations, and policies of the University, required of the general public. Counsel for the Parties have approved for publication on or after the Effective Date two (2) Press Releases to be distributed contemporaneously to the public. A copy of the Press Releases are attached hereto and made a part hereof as Exhibit “B-1” (the “University Release”) and Exhibit “B-2” (the “Thomas More Society Release” collectively “Press Releases”) Undertake such other reasonable actions which are necessary in order to implement the terms and conditions of this Agreement. Mutual Stipulations . (a) In the spirit of reconciliation and a continuing dialogue, no Party to this Agreement, (or his or her Counsel) shall disparage or criticize this Agreement, nor shall any Counsel for the Parties make any(b) Effective Date of comment which is inconsistent with the spirit of this Agreement. However, nothing in this Agreement shall prevent the University or Clients from criticizing or conducting lawful activities off Campus which protest against or criticize policies or actions which conflict with the doctrines of the Catholic faith regarding the sanctity of life In no event shall the Parties make any public comment regarding this Agreement until after its Effective Date. Agreement, @ (b) This Agreement shall become final and binding only at such time as the Prosecutor dismisses with prejudice (“Dismissal”) the pending charges against Clients found in Consolidated Cause No. 711D01-090S-CM-03246 pending in the St, Joseph County Superior Court, In the event this Dismissal fails to occur before the expiration of the Initial Tolling Agreement reflected in Section 5(b) below, or the expiration of any subsequent Tolling Agreement entered into between or among the Parties, this Agreement shall be void and the obligations of the Parties hereunder shall no longer be binding upon such Parties. Recognizing the large number of Clients involved in this Agreement, and the intent of the Parties to have as many of the Clients as possible the opportunity to be a Party to this Agreement, the Parties hereby agree to toll any statute of limitations regarding the exercise of any civil remedies to and including June 1, 2011 (“Initial Tolling Agreement”), A further purpose of this Initial Tolling Agreement is to permit the Prosecuting Attorney to fully evaluate the communication between the University and the Prosecuting Attorney contemplated under Section 2(b) of this Agreement. Notwithstanding the Initial Tolling Agreement, the Parties shall endeavor to finalize this Agreement at the earliest possible date understanding the Effective Date will be determined by the decision of the Prosecuting Attorney Miscellaneous. The following general terms are made a part of this Agreement: (a) (b) ‘This Agreement shall bind, and inure to the benefit of, the Parties and their heirs, personal and legal representatives, and successors and assigns. This Agreement shall be interpreted by the laws of the State of Indiana, including, but not limited to, Indiana Trial Rule 408 and