My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
CROWN CASTLE
Clerk
>
Contracts / Agreements
>
C
>
CROWN CASTLE
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
2/12/2019 10:44:28 AM
Creation date
2/12/2019 10:44:04 AM
Metadata
Fields
Template:
Contracts
Company Name
CROWN CASTLE
Contract #
A-2018-311
Agency
CITY ATTORNEY'S OFFICE
Council Approval Date
12/18/2018
Destruction Year
0
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
19
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
the Crown Castle Releasors, expressly waive any of their rights granted under California Civil <br />Code section 1542 (as well as any other statutes or common law principles of similar effect <br />pertaining the foregoing release), which provides as follows: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT <br />TO EXIST IN HIS OR HER FAVOR AT THE TIME OF <br />EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM <br />OR HER MUST HAVE MATERIALLY AFFECTED HIS OR <br />HER SETTLEMENT WITH THE DEBTOR" <br />Crown Castle represents and warrants to City that Crown Castle has executed this <br />Agreement with full knowledge of any and all rights which Crown Castle or Crown Castle's <br />Releasors may have by reason of any of the matters described herein. Crown Castle, on behalf of <br />itself and, to the extent allowable by law, on behalf of Crown Castle's Releasors, hereby further <br />assumes the risk of mistake of fact in connection with the true facts involved in connection with <br />the matters described herein, and with respect to any facts which are now unknown to Crown <br />Castle relating thereto. <br />GENERAL PROVISIONS <br />18. Attorneys' Fees and Costs for Future Enforcement or Dispute Over This <br />Agreement. Should any dispute arise between the Parties hereto or their legal representatives, <br />successors and assigns concerning any provision of this Agreement or the rights and duties of any <br />person in relation thereto, the party prevailing in such dispute shall be entitled, in addition to such <br />other relief that may be granted, to recover reasonable attorneys' fees and legal costs in connection <br />with such dispute. <br />19. Informed Consent. Crown Castle represents and warrants to City, and City <br />represents and warrants to Crown Castle, and the Parties agree with the other, that each Party has <br />either received independent legal advice from its counsel or has been given the option to receive <br />independent legal advice from their respective counsel with respect to the advisability of malting <br />the settlement provided for herein, and with respect to the advisability of executing this Agreement <br />and the respective Releases; and each of the undersigned further declare that they understand the <br />contents hereof, and it is executed voluntarily with full knowledge of its significance. <br />20. No Admission of Liability. The Parties hereto agree that this Agreement and <br />Release is a compromise settlement of a disputed claim and shall not be construed as an admission <br />of liability by any Party. This Agreement and Release shall not be asserted or relied upon as <br />evidence in any arbitration, litigation, or other administrative or court proceedings for any purpose <br />except to enforce its terms. <br />21. Choice of Law/Venue. This Agreement shall be governed by and construed under <br />the laws of the State of California. If any provision of this Agreement is invalid or contravenes <br />California law, such provision shall be deemed not to be a part of this Agreement and shall not <br />affect the validity or enforceability of the remaining provisions. Nothing contained herein shall <br />be construed so as to require the commission of any acts contrary to law, and wherever there is a <br />1129494.1 I/LA <br />347510-00002/12-19-18/d.A,* -11- <br />
The URL can be used to link to this page
Your browser does not support the video tag.