|
anticipates becoming a Medicare beneficiary at any time prior to this settlement being finalized,
<br />whether or not related to claims arising from this claim and /or the Action, and CORTEZ agrees
<br />that EL SOL, RODRIGUEZ, and the CITY will not process any check or settlement request
<br />unless and until EL SQL's, RODRIGUEZ's, and the CITY's counsel have received the
<br />information requested.
<br />17. No Other Lawsuits or Complaints:
<br />17.1 CORTEZ covenants and warrants that, except for the Action, she has not filed, or
<br />caused to be filed, any formal or informal complaint, grievance, or the like, against EL SOL or
<br />any of the Released Parties regarding any of the allegations asserted in this claim with any local,
<br />state, federal, or private agency.
<br />17.2 In the event CORTEZ has filed, or caused to be filed, any complaint, grievance,
<br />or the like, against EL SOL, or any of the Released Parties regarding any of the allegations
<br />asserted in this claim with any local, state, federal, or private agency, then CORTEZ further
<br />covenants and warrants that she will take all necessary measures to withdraw, cancel, and /or
<br />dismiss any such complaint, grievance or the like.
<br />17.3 CORTEZ further covenants and warrants that she will not at any time after the
<br />execution of this Agreement file, or cause to be filed, any formal or informal complaint,
<br />grievance, or the like, against EL SOL, or any of the Released Parties, regarding any of the
<br />allegations asserted in this claim or the Action, that are the subject of this Agreement with any
<br />local, state, federal, or private agency.
<br />18. Governing Law:
<br />18.1 The validity and enforcement of this Agreement, and any of its terms or
<br />provisions, as well as the rights and duties of the Parties, shall be governed by the laws of the
<br />State of California.
<br />19. Attorney's Fees, Jurisdiction, Enforceability Of Settlement Agreement and Venue:
<br />19.1 Any action or proceeding to enforce or interpret this Agreement shall be
<br />commenced in the Superior Court of the State of California, County of Orange, which the Parties
<br />agree shall be the proper jurisdiction and venue for such action. In the event of any such action,
<br />the prevailing party (as determined by the court) shall be entitled to reasonable attorney's fees
<br />and costs, in addition to any other relief to which the prevailing party may be entitled.
<br />19.2 Each of the Parties has entered into this Agreement with the specific
<br />understanding that it is enforceable by the court in which the Petition for Court's Approval of the
<br />Minor's Compromise will be filed. Such court shall retain jurisdiction and this settlement may
<br />be enforced pursuant to California Code of Civil Procedure section 664.6, in the event any party
<br />fails to perform the conditions or terms required herein.
<br />[101
<br />
|