BETTER NEIGHBORHOODS, INC. v. COSA

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P. Effective Date. This Agreement shall become effective immediately upon its complete execution by the Parties (the "Effective Date"). Notwithstanding any other provision of this Agreement, if the City Payment and the Net Payment are not received by close of business on June 21, 2018, Better Neighborhoods may elect to terminate this Agreement by giving written notice of termination, which termination shall be effective upon delivery. Q. Counterparts. This Agreement may be executed in counterparts and when so executed by the Parties, shall become binding upon them and each such counterpart will be an original document. R. Representation by Counsel. The Parties acknowledge that (i) they have had the opportunity to consult counsel in regard to this Agreement; (ii) they have read and understand the Agreement and they are fully aware of its legal effect; and (iii) they are entering into this Agreement knowingly and voluntarily, and based on each Party's own judgment and not on any representations or promises made by any other Party, other than those contained in this Agreement. Each Party to Bear its Own Costs. Other than the payment of the Net Payment and the City Payment, each Party shall bear its own costs of suit incurred in the Litigation and the negotiation and drafting of this Agreement. T. Time is of the Essence. Time is of the essence with respect to this Agreement. U. Attorneys' Fees. If any action is commenced concerning this Agreement, including but not limited to the performance of any of the Parties under this Agreement, the prevailing party in such action shall be entitled to recover, in addition to such other relief as may be granted, its reasonable costs and expenses, including without limitation reasonable attorneys' fees and court costs together with attorneys' fees and court costs with respect to any appeals, the enforcement of any judgment. {signatures on next page) 7 Better Neighborhoods -Settlement Agreement final clean copy 6.8.18