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G. Approval and Contingency: The terms of this Agreement are subject to <br />approval by the City of Santa Ana , <br />H. Cost/Fees: All Agreeing Parties to this Agreement and Release shall bear <br />their own attorneys' fees and costs, in all actions. <br />IV. WARRANTIES AND ACKNOWLEDGMENTS <br />A. Code of Civil Procedure M 664.6 &-664.7: The Agreeing Parties do <br />hereby agree that each has the right to enforce this Agreement, or any provision <br />thereof, by filing any appropriate motion or proceeding, including, without limitation, a <br />motion pursuant to Code of Civil Procedure §§ 664.6 & 664.7, in the appropriate law <br />and motion department of the Orange County Superior Court where the Action is <br />venued. The Agreeing Parties further agree, acknowledge and stipulate that the Court <br />in the above referenced actions shall retain jurisdiction over the Agreeing Parties to <br />determine any motion brought pursuant to Code of Civil Procedure §§ 664.6 & 664.7. <br />B. No Admissions: This Agreement is made as part of the compromise and <br />settlement of disputed claims, and no action taken by Agreeing Parties, either <br />previously or in connection with this compromise and settlement, shall be deemed or <br />construed to be an admission by Agreeing Parties of any fault or liability whatsoever in <br />connection with any matter or thing. Nothing contained in or referred to in this <br />Agreement shall be deemed to constitute an admission of liability nor responsibility, and <br />it is recognized that this Agreement and the promises, covenants and conditions set <br />forth herein as entered into by the parties hereto are for the purpose of avoiding the <br />time and expense of continued litigation. Liability and responsibility are expressly <br />denied. <br />C. No Prior Assignments: The Agreeing Parties represents and warrants <br />that she/helitlthey is/are the sole owner of the claims released and that such claims <br />have not been expressly or impliedly assigned, transferred, and/or subrogated to any <br />other person or entity. <br />D. Adequate Inquiry: Each Party to the Agreement represents and warrants <br />that prior to executing the Agreement, he/she/it/they has/have made such inquiries, <br />consulted such persons, and reviewed such documents as it deemed appropriate to <br />enter into this Agreement and to consummate the transactions contemplated herein. <br />Each Party to the Agreement further represents and warrants that shelhelit/they have <br />had adequate time, as provided under the law, to consider this agreement. <br />E. Consultation With Counsel: Each Party acknowledges that he/it has <br />been represented by counsel and has received independent legal advice regarding the <br />negotiation and execution of the Agreement. Each Party agrees that any rule of <br />interpretation or construction to the effect that ambiguities are to be resolved against <br />the drafting party shall not be employed in the interpretation, construction or <br />Page 5 of 7 <br />