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1901 E. FIRST STREET OWNER, LLC
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Last modified
5/18/2017 11:44:54 AM
Creation date
5/4/2017 2:17:34 PM
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Contracts
Company Name
1901 E. FIRST STREET OWNER, LLC
Contract #
A-2017-106
Agency
City Attorney's Office
Council Approval Date
2/21/2017
Destruction Year
2021
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she, or it is voluntarily, without any duress or undue influence on the part of or on behalf of any <br />Party, entering into this AGREEMENT. The Parties affirm that, prior to execution of this <br />AGREEMENT, each of them has consulted with counsel of his, her, or its choice concerning the <br />terms and conditions set forth herein, and that they agree to the terms and conditions. <br />14. Execution of Agreement. This AGREEMENT may be executed in one or more <br />counterparts, each of which shall be deemed an original, but all of which together shall constitute <br />one and the same instrument. A photocopy, e-mail, or facsimile transmission of the <br />AGREEMENT, including signatures, shall be deemed to constitute sufficient evidence of the <br />AGREEMENT having been executed. <br />15. Authority to Enter Agreement. The Parties warrant that they have the full <br />authority to enter into this Agreement. Where applicable, all governmental, corporate, <br />organizational or other action necessary to authorize such execution has been taken and <br />completed. The signatory of each party to this AGREEMENT has the full right and authority to <br />commit and bind each respective Party, and all members and/or individuals related thereto, to the <br />fullest extent of the law. <br />16. Confidentiality. The Parties agree that to the maximum extent permissible by <br />law the negotiations which gave rise to this AGREEMENT shall not be disclosed, discussed or <br />revealed by the Parties or their counsel to any other person or entity, except as provided by <br />applicable law. The Parties agree and acknowledge that this AGREEMENT is a public record <br />subject to disclosure by the City under California's Public Records Act, and that the City's <br />actions taken in accordance herewith are, subject to the City's discretion, subject to public <br />disclosure. <br />1T Enforcement. The Parties agree that any and all disputes regarding this <br />AGREEMENT shall be brought in the Superior Court of the State of California, Orange County. <br />In any action brought to enforce any provision of this AGREEMENT, the prevailing party shall <br />be entitled to recover its attorneys' fees and/or costs. <br />19. Severability. If any provision of this AGREEMENT is held by a court of <br />competent jurisdiction to be invalid under the law, each sueh provision can be severed without <br />invalidating the entire Agreement. <br />19. Readings. The titles, captions, and headings of the various provisions in the <br />paragraphs herein are intended solely for convenience and shall not be deemed or construed to <br />explain, modify, limit or place any construction upon any of such provisions or paragraphs. <br />20. Modification. No supplement, modification, amendment or change in any terms <br />of this AGREEMENT shall be binding on the Parties unless in writing and executed by the <br />Parties. <br />PLEASE READ CAREFULLY. THIS SETTLEMENT <br />AGREEMENT AND GENERAL RELEASE INCLUDES A <br />RELEASE BY THE PARTIES OF ALL KNOWN AND <br />UNKNOWN CLAIMS. <br />[SIGNATURES ON THE FOLLOWING PAGE] <br />
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