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Party or Parties drafted or participated in the drafting of its terms. Each Party acknowledges it has had the opportunity to receive independent legal advice with respect to the advisability of making this Settlement Agreement and with respect to the meaning of California Civil Code Section 1542, and that they are freely and voluntarily entering in this Settlement Agreement and understand this Settlement Agreement in its entirety. 9. No WAIVER. The failure to insist on any one occasion upon strict compliance with any of the covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of any rights or powers hereunder at any other time or times. 10. No l umn PARTY BENEFICIARms. The Parties acknowledge that there are no express or implied third party beneficiaries to this Settlement Agreement. No person or entity not a signatory hereto shall have any rights or causes of action against any Party hereto as a result of that Parry's performance or nonperformance of any obligation hereunder. it. No PRIOR ASSIGNMENTS. Awans represents and warrants to the City that it has not and will not attempt to assign, transfer, pledge, hypothecate or convey any right or interest it may have in the benefits or any rights or items it is obligated to release as part of this Settlement Agreement. Awans further represents and warrants that it has not made any transfer, pledge, conveyance, assignment or hypothecation of any claim or cause of action that is the subject of this Settlement Agreement which it may have or claim to have against the City. 12. SEvERAmLrrv. If any term or provision of this Settlement Agreement shall be held invalid or unenforceable, the remainder of this Settlement Agreement shall remain in full force and effect. 13. CAPTIONS. Any captions to, or headings of, the paragraphs or subparagraphs of this Settlement Agreement are solely for the convenience of the Parties, are not a part of this Settlement Agreement, and shall not be used for the interpretation or determination of the validity of this Settlement Agreement or any provisions hereof. 14. ATTORNEYS' FEES. In the event that a motion for entry of judgment or enforcement of this Settlement Agreement is filed, or any action or proceeding is filed by any Party hereto against another Party hereto relating to this Settlement Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs. 15. EACH PARTY To BEAR OWN COSTS. Except as otherwise provided herein, each Party shall bear its own legal expenses and costs incurred related to the Properly, the Project, the Action, and in the preparation and review of this Settlement Agreement, including any costs or fees associated with Code of Civil Procedure section 1036. 16. SUCCESSORS AND ASSIGNS. This Settlement Agreement shall be binding upon and shall inure to the benefit of the successors, assigns, personal representatives, executors, estate, heirs, agents and related entities of the respective Parties. 17, COUNTERPART EXECUTION. This Settlement Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. This Settlement Agreement may be executed on counterpart signature pages and may be signed by fax or scanned email signature. IN WITNESS WBERF,OF, each Parry has executed this Settlement Agreement on the date which appears next to its/his signature below. Dated: 6 GA51Gkl 07 � � ANS ENTERPRISES, INC. By: - 4 Name: