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25H - AGMT - BRISTOL CORRIDOR 410 N BRISTOL UNIT A
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25H - AGMT - BRISTOL CORRIDOR 410 N BRISTOL UNIT A
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Last modified
6/4/2012 9:01:54 AM
Creation date
5/31/2012 4:22:55 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25H
Date
6/4/2012
Destruction Year
2017
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<br /> <br /> <br /> <br /> <br /> <br /> same effect as those terms and provisions relating to any other claims, demands <br /> and causes of action herein above specified. <br /> <br /> (c) Each party acknowledges that it may hereafter discover facts or law different from <br /> or in addition to those which it now believes to be true with respect to the release <br /> of claims. Each party agrees that the foregoing release shall be and remain <br /> effective in all respects notwithstanding such different or additional facts or law <br /> or any party's discovery thereof. The Parties shall not be entitled to any relief in <br /> connection therewith, including, but not limited to, any damages or any right or <br /> claim to set aside or rescind this Agreement. <br /> (d) None of the Parties or their respective agents nor any related entities have made <br /> any statement or presentation to the other regarding any fact relied upon in <br /> entering into this Agreement and the Parties, and each of them, expressly do not <br /> rely upon any statement, representation or promise of any other party or nay <br /> party's agent or related entities in executing this Agreement, except as is <br /> expressly set forth herein. Each of the Parties has made such investigation of the <br /> facts and law pertaining to the subject matter of this Agreement as it deems <br /> necessary, and has consulted with legal counsel of its own choosing concerning <br /> these matters. <br /> <br /> (e) Tenants hereby represent and warrant as of the Effective Date of this Agreement <br /> that (1) to its actual knowledge, no other entity or person has any right, title, or <br /> interest whatsoever in the released claims, and (2) that there has been no <br /> assignment, transfer, conveyance or other disposition by Tenants of any of the <br /> released claims, and that Tenants will not make any such assignment, transfer, <br /> conveyance or other disposition subsequent to the Effective Date of this <br /> Agreement. Tenants acknowledge that the Authority has relied and is relying <br /> upon such representations and warranties in entering into this Agreement. <br /> <br /> (f) Tenants will Hold Harmless and defend Agency, its employees, agents, <br /> contractors or representatives from any claims that may arise from Tenants' <br /> nondisclosure of any other interests in the Property or personal property <br /> referenced by this agreement. <br /> <br /> (g) This Agreement represents a settlement of doubtful and disputed claims between <br /> the Parties and does not constitute any admission of liability by either party to the <br /> other party to this Agreement. <br /> <br /> 3. Third Party Beneficiaries <br /> <br /> Except as explicitly set forth herein, nothing in this Agreement is intended to create any <br /> third party beneficiaries under this Agreement, and no person or entity other than <br /> Authority and Tenants shall be authorized to enforce the provisions of this Agreement. <br /> <br /> <br /> 4. Attorney's Fees <br /> <br /> 3 of 7 <br /> 25H-6 <br />
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