MICAH'S WAY - Laserfiche WebLink

Home Browse Search

DocuSign Envelope ID: M99AME-1169.4253-A93a-5A95508756C9 5.0 Waiver and Release of Any Leaal Exvenses Incurred As of Effective Date ofAlareement. Each of the Parties hereby waives and releases the other Party from any obligation to pay any legal expenses, including any attorney's fees, costs, and expenses, that each Party may have incurred as of the Effective Date of this Agreement as a result of or otherwise arising out of (a) any pre -litigation, administrative activities or proceedings relating to MW's application for, or MW's appeal of the City's denial of, a COO for the use and occupancy of the Property; (b) the Action; or (c) the resolution, negotiation, and settlement of the Action, including the negotiation of this Agreement. 6.0 Additional Provisions 6.1 Non -Admission of Liability. By entering into this Agreement, neither Party is admitting any liability, and this Agreement should not be construed as an admission of liability by any Party. 6.2 Knowing and Voluntary. Each person signing below represents that he/she has reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully explained to them and that they understand every provision of this Agreement, that they voluntarily agree to all the terms set forth in this Agreement, that they knowingly and willingly intend to be legally bound by the same, and that they were given the opportunity to consider the terms of this Agreement and discussed them with legal counsel. 6.3 Entire Agreement. This Agreement is fully integrated and contains the entire agreement and understanding between the Parties and supersedes any and all prior agreements, arrangements or understandings of any kind or nature between the Parties with regard to the subject matters hereof. 6.4 Warranty of Authority. Each signatory to this Agreement hereby warrants that he or she has the authority to enter into this Agreement and bind the Party on whose behalf he or she is executing this Agreement. The Parties further represent and acknowledge that in executing this Agreement they do not rely and have not relied upon any representation or statement made by any of the Parties or by the Parties' respective agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this Agreement. 6.5 Counterparts. This Agreement may be executed in counterparts with the same effect as if all original signatures were placed on one document, and which, when taken together, shall constitute one original agreement. Electronic, PDP, DocuSign, or equivalent electronic or facsimile signatures, will have the same force and effect as an original signature. A photocopy or electronic copy this Agreement, or any part thereof, may be substituted in place of the original version of the same. 6.6 Interpretation. Both Parties have participated in drafting this Agreement, and accordingly, any ambiguity herein shall not be construed for or against either Party. 6