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25H - AGMT - CATHOLIC WORKER
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10/01/2019
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25H - AGMT - CATHOLIC WORKER
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Last modified
9/26/2019 7:50:45 PM
Creation date
9/27/2019 4:09:24 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
25H
Date
10/1/2019
Destruction Year
2024
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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13' <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />be heard, briefing, evidence, and other due process. The Court shall not be <br />empowered to award damages or any other monetary relief to any party as a result <br />of any Dispute submitted to this process. Nothing in this Agreement limits the <br />ability of any Plaintiff to seek damages in other proceedings not subject to this <br />Agreement. <br />5.6 Should either party disagree with the Court's determination <br />resulting from the Dispute -Resolution Process, nothing in this Agreement shall <br />preclude either party from commencing litigation concerning the subject of said <br />Dispute, and pursuing any remedies available at law; provided that in advance of <br />initiating such action, the parties shall first engage in an in -person meet -and -confer <br />to occur within seven (7) calendar days of a request from the other party. <br />6. Release and Covenant Not to Sue <br />6.1 In consideration for the terms of this Agreement, OCCW <br />Plaintiffs, and each of them, and any other individual claiming rights under this <br />Agreement (the "OCCW Releasing Parties"), hereby release and forever discharge <br />the City of Santa Ana, as well as its present and former employees, agents, <br />managers, officers, directors, councilmembers, insurance companies, attorneys, <br />departments, and divisions or affiliated entities, whether previously or hereafter <br />affiliated in any manner (the "City Released Parties"), from and against any and all <br />claims, demands, causes of action, obligations, damages, attorney's fees, costs, and <br />liabilities, arising from or relating to the events detailed in the lawsuit of any nature <br />whatsoever, whether or not now known, suspected, or claimed, which the OCCW <br />Releasing Parties, and/or any of them, have, or ever may claim to have, as against <br />the City Released Parties, or any of them, whether directly or indirectly, relating to, <br />or arising out of the: (a) OC Catholic Worker Action; (b) any claims raised in, or <br />that could been raised in, the OC Catholic Worker Action; (c) the availability of <br />homeless shelters, shelter beds, and/or other homeless accommodations in the City <br />of Santa Ana; (d) the City's alleged obligation to provide or fund such <br />12 <br />25H-15 <br />
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