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MARY C. AXELSON TRUST
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Last modified
5/27/2021 10:52:58 AM
Creation date
5/27/2021 10:51:49 AM
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Contracts
Company Name
MARY C. AXELSON TRUST
Contract #
N-2021-110
Agency
City Attorney's Office
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(a) Each Party is the sole and lawful owner of all right, title, and interest in and to every Claim <br />and other matter that each such Party releases herein, and that each such Party has not heretofore assigned <br />or transferred, or purported to assign or transfer, to any person, firm, or entity any Claims or other matters <br />herein released. <br />(b) Each Party has received or has had the opportunity to receive independent legal advice from <br />attorneys of such Party's choice with respect to the advisability of executing this Agreement and the <br />releases provided for herein, and prior to the execution of this Agreement by each Party, that Party's <br />attorney, if any, reviewed this Agreement and discussed the Agreement with such Party, and the Party has <br />made all desired changes. <br />(c) Except as expressly stated in this Agreement, each Party represents and warrants that it has <br />not made any statement or representation to any other Party regarding any facts relied upon by said other <br />Party in entering into this Agreement, and each Party specifically does not rely upon any statement, <br />representation, or promise of any other Party in executing this Agreement or in malting the settlement <br />provided for herein, except as expressly stated in this Agreement. <br />(d) Each Party and its attorney(s), if any, has had a full and fair opportunity to investigate and <br />evaluate the transactions, documents, facts, circumstances, and disputes out of which this Agreement arises <br />prior to entering into this Agreement, and each Party hereto and their respective attorney(s), if any, have <br />made such investigation of the facts pertaining to this Agreement, and all of the matters appertaining <br />thereto, as they deem necessary. <br />(e) The terms of this Agreement are contractual and not a mere recital. <br />(f) By signing this Agreement, each Party represents and warrants that such Party has carefully <br />read this Agreement, that the contents hereof are known and understood by such Party, and that this <br />Agreement is signed freely by such Party. <br />(g) Each Party executing this Agreement in a representative capacity represents and warrants <br />that it is empowered to do so. <br />10. Enforcement of Settlement. The Parties agree that this Agreement is entered into pursuant <br />to California Code of Civil Procedure Section 664.6, and that the Court in which the Action is now <br />pending may retain jurisdiction over the parties to enforce this Agreement for a period of five (5) years, <br />including entry and enforcement of the Judgment and any appropriate orders upon motion of any Party <br />pursuant to the terms of the Agreement and California Code of Civil Procedure Section 664.6. <br />11. Attorney's Fees. Should any Parry hereto institute any legal action or proceeding to enforce <br />any provision of this Agreement or for damages by reason of any alleged breach of any provision of this <br />Agreement, the prevailing Party shall be entitled to recover from the non -prevailing Party all costs and <br />expenses, including, without limitation, reasonable attorney's fees, court costs, and disbursements actually <br />and reasonably incurred in connection with said proceeding. <br />12. No Admission. This Agreement is executed pursuant to a compromise and settlement <br />entered into by each of the Parties hereto without any admission of liability to each other, but solely for the <br />purpose of avoiding costly litigation on disputed claims and avoiding further uncertainty, controversy, and <br />
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