MENDOZA, MAYRA AND GIOVANNI - Laserfiche WebLink

Home Browse Search

DocuSlgn Envelope ID: 4ADBBC53.305C4022-BA5E-84BC83F75552 and hereby assume full responsibility for any and all injuries, damages, losses, expenses and claims hereinafter incurred by the abovementioned disputes and/or Claims. 4.0 DISMISSAL OF COMPLAINT WITHPREJUDICE: Concurrently upon execution of this Agreement, through their counsel, Plaintiffs shall provide the attorneys for City Defendants with an executed Request for Dismissal, with prejudice, of the entire pending action for filing with the Court. Said Request for Dismissal will be held, in trust, by counsel for the City Defendants, until such time as the sum described in Section 1 has been delivered to Plaintiffs courtesy of their attorney Avrek Law Firm. 5.0 ADVICE OF COUNSEL: Plaintiffs warrant and represent that independent advice of legal counsel has been obtained by Plaintiffs prior to signing this Agreement. Plaintiffs execute this Settlement Agreement voluntarily, with full knowledge of its significance and with the expressed intention of extinguishing all obligations, except as expressly set forth herein. 6.0 SUCCESSORS AND ASSIGNS. Plaintiffs understand and agree that the agreements, undertakings, acts and other things done or to be done by Plaintiffs in this Agreement shall run to and be binding upon Plaintiffs and Plaintiffs' heirs, successors, executors, administrators and assigns. 7.0 ENTIRE AGREEMENT.• This document contains the entire Agreement and understanding of the parties concerning the subject matter of this Agreement, and supersedes and replaces all prior negotiations and agreements, written or oral. Plaintiffs acknowledge that no other party, agent, attorney, employee or representative of City Defendants has made any promise, or representation or warranty not contained herein. This is an integrated Agreement. 8.0 WARRANTY OFNO TRANSFER: Plaintiffs hereby represent and warrant that they have not heretofore assigned, transferred or purported to have assigned or transferred, to any person, firm or corporation, any of the Claims released under this Agreement. 9.0 COMPROMISE OFDISPUTED CLAIMS: Plaintiffs understand and agree that by payment of the settlement sums referred to in paragraph 1.0 of this Agreement, City Defendants do NOT admit any liability on their part, and that this settlement is the compromise of doubtful and disputed claims and is made solely to avoid the cost