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<br />Acquisition Settlement Agreement <br />Page 4 of9 <br /> <br />(d) No party nor any Agents nor any related entities have made any statement <br />or representation to any other party regarding any fact relied upon in <br />entering into this Agreement, and each party expressly states it does not rely <br />upon any statement, representation or promise of any other party or any <br />party's Agent or related entities in executing this Agreement, except as is <br />expressly stated in this Agreement. Each party to this Agreement has made <br />such investigation of the facts and law pertaining to this Agreement, and of <br />all other matters pertaining thereto, as it deems necess~ry, and has consulted <br />with legal counsel concerning these matters. <br /> <br />6. Attornev'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. Indemnitv Bv Tenant and Owner <br /> <br />Tenant and Owner shall indemnify, defend and hold City harmless from and <br />against any claims, demands, liabilities, losses, judgments, expenses and <br />attorneys' fees resulting from the breach by Tenant and/or Owner of any provision <br />of this Agreement or the falsity of any representation or warranty made by Tenant <br />or Owner contained in this 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 />