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POMEROY, WILLIAM & GOCHICOA, AVELINO & STELLA 2A - 2005
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POMEROY, WILLIAM & GOCHICOA, AVELINO & STELLA 2A - 2005
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1/3/2012 2:21:20 PM
Creation date
1/23/2006 10:54:09 AM
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Contracts
Company Name
Pomeroy, William Dr., and Gochicoa, Avelino & Stella
Contract #
A-2005-168-01
Agency
Public Works
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<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. Attorney'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. Indemnification <br /> <br />Tenant and Owner shall indemnify, defend and hold City harmless from and <br />against any claims, demands, liabilities, losses, judgrnents, expenses and <br />attorneys' fees resulting from the breach by Tenant or Owner on any provision of <br />this Agreement or the falsity of any representation or warranty made by Tenant or <br />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 Invalidity <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 /> <br />10. Waiver <br /> <br />The provisions of this Agreement may be waived, altered amended or repealed, in <br />whole or in part, only upon the written consent of all parties to this Agreement. <br />The waiver by one party of the performance of provision of this Agreement shall <br />not invalidate this Agreement, nor shall it be considered as a waiver of any <br />subsequent breach of the same or other provisions of this Agreement. <br /> <br />, ,;i <br />,..~jw !~ <br />
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