Agenda - Council - 07/24/2001 - Laserfiche WebLink

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-80- whatsoever, state or federal, in iaw or in equity, whether known or unknown, asserted or unassorted, suspected or unsuspected, which the parties may now have or hereafter have or claim to have against the other party, by reason of any matter, event, cause or thing whatsoever arising out of or in anyway relating to the Lawsuit. It is the intention of the parties that the releases contained in this Agreement shall be effective as a full and final accord and satisfaction with respect to the issues alleged in the Lawsuit and in the noncompliance orders, and as a bar to all actions, causes of action, obligations, costs, expenses, attorneys' fees, damages, losses, claims, liabilities and demands, of whatsoever nature, character or k/nd, known or unknown, suspected or unsuspected, including ali matters that are a part of the of the consideration exchanged in this Agreement. The parties acknowledge that they are aware that they or their attorneys may discover claims or facts in addition to or different from those that they now know or believe to exist with respect to the subject matter of this Agreement but that it is their intention to fully, finally and forever to settle and release all of the disputes and differences as to the issues in dispute, which now exist or may hereafter exist, without regard to the subsequent discovery or existence of different or additional facts. t0. The parties and their respective counsel have reviewed this Agreement and the rule of · construction to the effect that any ambiguities ought to be resolved against the dratSing party shall not be employed in the interpretation or enforcement of th/s Agreement. 11. The parties acknowledge that they have been represented by counsel in connection with the execution of this Agreement. The parties further'i'epresent and declare that in executing these documents they have reLied solely upon their own jud~mnent, belief and knowledge, and the advice and recommendation of their own independently selected counsel, concerning the nature, extent and duration of their ri~hts and claims, and that they have not been influenced to any extent whatsoever in executing this document by any representations or statements except those expressly contained or referred to in this Agreement. 12. This Agreement shall be governed by the substantive laws of the State of Minnesota without regard to conflicts of law principles. JJT-200495v I BE295-73 5 I I I I I I I I I I I I I I I I' I I