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CARL P. & MARION B. STEVENS TRUST
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CARL P. & MARION B. STEVENS TRUST
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Last modified
9/13/2021 12:09:57 PM
Creation date
9/13/2021 12:01:32 PM
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Contracts
Company Name
CARL P. & MARION B. STEVENS TRUST
Contract #
N-2021-176
Agency
City Attorney's Office
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(f) Each Party executing this Agreement in a representative capacity represents and warrants <br />that it is empowered to do so. <br />11. Enforcement of Settlement. The Parties agree that this Agreement may be enforced <br />pursuant to California Code of Civil Procedure Section 664.6. <br />12. Attorney's Fees. Should any Party 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. Without limiting the generality of the <br />immediately preceding sentence, the Parties acknowledge and agree that actions to enforce the <br />performance of the Compliance Agreement shall not be considered an action to enforce this Agreement. <br />13. 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 />legal expense. Without limiting the foregoing, neither the settlement of the dispute nor any consideration <br />provided by any Party, nor anything contained in this Agreement, shall be taken or construed to be an <br />inference or admission by any of the Parties or as evidencing or indicating in any degree the truth or <br />correctness of any claims or defenses asserted in the Action. <br />14. Choice of Law/Venue. This Agreement shall be governed by and construed under the laws <br />of the State of California. If any provision of this Agreement is invalid or contravenes California law, <br />such provision shall be deemed not to be a part of this Agreement and shall not affect the validity or <br />enforceability of the remaining provisions. Nothing contained herein shall be construed so as to require <br />the commission of any acts contrary to law, and wherever there is a conflict between any provisions of this <br />Agreement and any present or future statute, law, ordinance, or regulation, the former shall be curtailed <br />and limited only to the extent necessary to make it comply with such statute, law, ordinance, or regulation. <br />Any action arising out of this Agreement, or the matters addressed herein, shall be brought within the <br />Superior Court for the State of California, County of Orange. <br />15. Integrated Agreement. This Agreement constitutes a single integrated written contract <br />expressing the entire agreement of the Parties. There are no other agreements, written or oral, express or <br />implied, between the Parties, and/or their successors and assigns, with respect tothe matters released <br />herein, except the Agreement set forth herein. Each Party to this Agreement has substantial experience <br />with the subject matter of this Agreement and each has fully participated in the negotiation and drafting of <br />this Agreement and has been advised by counsel of its choice with respect to the subject matter hereof. <br />Accordingly, this Agreement shall be construed without regard to the rule that ambiguities in a document <br />are to be construed against the drafter. <br />16. Section Headings. The section headings contained in this Agreement are for convenience <br />only and shall in no way enlarge or limit the scope or meaning of the various and several sections hereof. <br />17. Gender and Number. Within this Agreement, words of any gender shall be held and <br />construed to include any other gender, and words in the singular number shall be held and construed to <br />
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