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

1. Within 5 days from the Effective Date of this Agreement, counsel for the
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

 2. 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.

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