COLBY MORIAN - Laserfiche WebLink

Home Browse Search

a. The Parties to this Agreement Agree not todisclose or cause to be disclosed, either directly or indirectly; to any person or entity, the monetary or other material terms ofthis Agreement, b, As necessary, however, the Parties may disclose the monetary terms ofthis Settlement Agreement to.: (1) the court as necessary to obtain approval of a dismissal of the Lawsuit or to enforce the Judgment for Possession, so long -as the material terms of the Agreement are not disclosed in any public document, record, or filo; (it) their legal counsel, spotises.andlor accountants to the extent.necassary for the provision of legal and/or tax advice; (ill) any state or federal tax authorities, and/or (iv) any court with jurisdiction over a party, which court orders the disclosure of this information. However, as to any of these permissible disclosures identified herein, the party or entity to whom the information is.disclosed shall be advised of the confidential nature of this settlement and the party shall request that they abide by this confidentiality term. Agreed as to revised C. Except as,provided in subpart (b), if asked by any person or entity about versi para. 12.c.: this litigation, the Parties may respond and disclose 9&. that the Lawsuit was settled on a lalntiff confidential basis and that they cannot comment.on this settlement. Subparts a., b., c.. do not 29 apply to public record requests received by any of the public entities involved In this litigation. City of Murrieta d. The Parties represent, covenant, warrant and agree that, prior to the && N1 VUSD execution of this Settlement Agreement, they have not disclosed any atateriat terms of City of Santa this Agreemeaito abybther parson or entity, except as allowed by Paragraph 4. Ana q. The Parties represent, acknowledge, agree and covenant that, but for this. Confidentiality provision,, the other parties to this Agreement would not have entered into a settlement and that this confidentiality provision Was highly material to the settlerrient. The Parties, and cach.of them, Anther. represent, acknowledge, waniant and agree that, if there is any violation of this confidentiality provision by any party, it shall constitute an. incurable breach of this agaeetnont and shall entitle the other party to one for damages, including but not limited to return Of all settlement monies received by the breaching party(ies). 13, This Agreement is the result of negotiation betwcon the parties hereto and is the fully integrated and final expression of the settlement described herein, This Agreement may not he altered, changed, or amended without a written document signed'by all of the following entities. MORAIN and authorized representatives of CITY OF MURRMTA, MURRIETA VALLEY UNIFIED SCHOOL 1)iSTRICT and CITY OF SANTA ANA. 14. 9y executing this Release, each party atknowlodges that hq/sho/it/they has/have read and understands each slid every provision of this Release, and by placing his/her/its/their signature at the end of this Agreementrepresents that helsbe/itlthoy has/have voluntarily assumed 5 of 8 — --- Plaintiff Initial Gweral Release and 9edl anentAgreement COLBYniOR&OY. CITY OfMUMETA Pettit XchaPile Wo..323-7197 Ctient.Tiie.Nc.- 1.099-1023557