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<br />Choumas <br />Settlement Agreement <br />Page 4 of9 <br /> <br />(d) No party nor any Agents nor any related entities have made any <br />statement or representation to any other party regarding any fact relied <br />upon in entering into this Agreement, and each party expressly states it <br />does not rely upon any statement, representation or promise of any other <br />party or any party's Agent or related entities in executing this Agreement, <br />except as is expressly stated in this Agreement. Each party to this <br />Agreement has made such investigation of the facts and law pertaining to <br />this Agreement, and of all other matters pertaining thereto, as it deems <br />necessary, and has consulted with legal counsel concerning these matters. <br /> <br />6. Attomey's Fees <br /> <br />In the event of litigation relating to this Agreement, the prevailing party shall be <br />entitled to reasonable attorneys' fees and costs. <br /> <br />7. Indemnity By Tenant <br /> <br />Tenant shall indemnify, defend and hold City harmless from and against any <br />claims, demands, liabilities, losses, judgments, expenses and attorneys' fees <br />resulting from the breach by Tenant of any provision of this Agreement or the <br />falsity of any representation or warranty made by Tenant contained in this <br />Agreement. <br /> <br />8. Entire Agreement <br /> <br />This Agreement contains the entire agreement of the parties hereto, and <br />supersedes any prior written or oral agreements between them concerning the <br />subject matter contained herein. <br /> <br />9. Partial Invaliditv <br /> <br />In the event that any term, covenant, condition or provision of this Agreement <br />shall be held by a court of competent jurisdiction to be invalid or against public <br />policy, the remaining provisions shall continue in full force and effect. <br />