Res 2003-156 - Laserfiche WebLink

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to any action contesting the validity of the City's actions and approvals set forth herein. C. Plaintiffs and Defendant's further Consideration and Agreement: As part ofthis Agreement, Plaintiff and Defendant further agree to enter into an agreed Final Judgment disposing of all of Plaintiff s claims and which terms are described in more detail in Section V below. D. Plaintiffs and Defendant's further Consideration and Agreement: As part of this Agreement, Plaintiff and Defendant further agree as follows: 1. Should any court of competent jurisdiction ever rule that all or part of the Final Judgment is void, invalid, unenforceable or unconstitutional, the parties agree as follows: a. this Agreement (with the exception of this paragraph III(A)(6) & (D) herein) shall be automatically rendered null and void; b. the parties may resume litigation (as defIned above); and c. Either party may pursue an appeal of any such ruling or decision declaring the Final Judgment is void, invalid, unenforceable or unconstitutional. The pursuit of such an appeal does not preclude either party's right to exercise their respective rights under paragraph III(D)(l )(b). 2. In the event either party resumes litigation (as defined above), the parties a. expressly waive their respective rights, if any, to assert that the matters adjudicated in the Final Judgment are barred by res judicata, collateral estoppel or any other defenses based on issue or claim preclusion as a result of this Agreement or the Final Judgment based thereon. The parties expressly retain the right to assert all defenses available to them on August 20, 2003 should either party resume litigation (as defined above); b. further agree that, for purposes of the statute of limitations, laches or any other timing issue, the respective rights of the parties will be deterlllined as of the original of the filing of the Litigation, February 26,2002 as long as Carson, his heirs, successors or assigns resumes a lawsuit within thirty (30) days of any court of competent jurisdiction ruling that all or part of the Final Judgment void, invalid, unenforceable or unconstitutional; and c. further agree this Agreement and Final Judgment shall not be admissible for any purpose except for the limited purpose of proving the terms of this paragraph III(D)(2) and expressly waive their respective rights, if any, to seek the introduction of the Final Judgment and/or this Agreement for any other purpose in such litigation. - 6 -