2008-026 Resolution - Laserfiche WebLink

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The Parties acknowledge that they may hereafter discover facts different or in addition to those which they now know or believe to be true with respect to the claims released, discharged and/or compromised by this Agreement, or may change their opinion as to the meaning or significance of the facts heretofore discovered. The Parties hereby agree that in such event, this Agreement shall nevertheless be and remain binding and effective in all respects notwithstanding such different or additional facts, or the discovery thereof. Section 2. Covenant not to bring Suit with Prejudice. CCI hereby covenants and promises the City that, upon execution and payment of the settlement amount herein, then CCI shall not bring suit against the City for the claims and demand released herein. The Parties agree that the consideration for this Covenant is sufficient and supported by this Settlement and Release Agreement. The Parties further agree to do any and all other things necessary to maintain this Covenant. The Parties further agree that this Section 2 is not intended to limit CCI's recourse with respect to the Sublease reference in the Recital above. Section 3. Representations and Warranties. (A) Authority to Act. The Parties hereby represent and warrant that they are duly authorized to execute and deliver this Agreement and have taken all corporate, governmental, and/or individual action, if any, necessary to authorize the execution and delivery of this Agreement. (B) Independent Advice of Counsel. The Parties represent and declare that in executing this Agreement, that they have relied upon their own judgment, belief, and knowledge as well as the advice and recommendation of their own independently selected counsel concerning the nature, extent and duration of their individual rights and claims and concerning the making and execution of this Agreement and all matters related thereto. 4 ?..?.?. . ?..