Laserfiche WebLink
prior to the Date of Approval, the City's obligation to pay attorneys fees <br /> and costs under this Paragraph 13 shall be null and void, and Plaintiffs and <br /> their attorneys shall be obligated to immediately reimburse the City for <br /> any and all payments made by the City under this Paragraph 13. This <br /> waiver and release shall not apply to claims for attorneys fees and costs <br /> incurred after the Date of Approval to enforce the Settlement Agreement. <br /> 14. OTHER PROVISIONS <br /> 14.1 No Admission of Liability. Nothing in this Settlement Agreement may be <br /> used or construed by the Parties or by any other person or entity as an <br /> admission of liability or fault. <br /> 14.2 Effective Date; Counterparts. This Settlement Agreement shall be <br /> effective as of the Date of Approval. This Settlement Agreement may be <br /> executed in any number of counterparts, each of which when so executed <br /> shall be deemed to be an original and all of which taken together shall <br /> constitute one and the same agreement. Delivery of an executed <br /> counterpart of a signature page to this Agreement by facsimile shall be as <br /> effective as delivery of a manually executed counterpart of this Settlement <br /> Agreement. <br /> 14.3 Integration. This Settlement Agreement embodies the entire agreement <br /> and understanding which exists between the signatories hereto with <br /> respect to the subject matter hereof and supersedes all prior and <br /> contemporaneous agreements, representations, and undertakings. No <br /> supplement, modification, or amendment of this Settlement Agreement <br /> shall be binding unless executed in writing by all the parties. No waiver <br /> of any of the provisions of this Settlement Agreement shall be deemed, or <br /> shall constitute, a waiver of any other provisions whether or not similar, <br /> nor shall any waiver constitute a continuing waiver. No waiver shall be <br /> binding unless executed in writing by the party making the waiver. <br /> 14.4 Gender /Tense. Whenever required by the context hereof, the singular <br /> shall be deemed to include the plural, and the plural shall be deemed to <br /> include the singular, and the masculine, feminine and neuter genders shall <br /> each be deemed to include the other. <br /> 14.5 Headings. The headings in this Settlement Agreement are inserted for <br /> convenience only and shall not be used to define, limit, or describe the <br /> scope of this Settlement Agreement or any of the obligations herein. All <br /> attachments that are labeled Exhibits are attached hereto and incorporated <br /> herein by reference. <br /> 14.6 California Law. This Settlerent Agreement shall be construed, <br /> interpreted, and governed by the laws of California without regard to the <br /> choice of law provisions thereof. <br /> Settlement Agreement and Covenant Not to Sue - Page 12 of 15 2506199.1 <br />