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Tract No. 16.0004
<br />or unenforceable by any court, regulatory agency, or tribunal of competent jurisdiction, the
<br />validity, legality, and enforceability of the remaining provisions, terms and conditions shall not in
<br />any way be affected or impaired thereby, and the term, condition, or provision that is held illegal,
<br />invalid or unenforceable shall be deemed modified to conform to such rule of law, but only for the
<br />period of time such order, rule, regulation, or law is in effect unless the primary purposes of this
<br />Agreement would thereby be frustrated.
<br />14. The Landowner represents, covenants and warrants that Landowner has the full
<br />authority and capacity to make this Agreement, grant the releases and waivers set forth herein, and
<br />take the other actions contemplated by this Agreement; that Landowner is the sole owner of any
<br />and all claims ever possessed by Landowner against City; and that no portion of any of the released
<br />claims that Landowner may have possessed against City have been sold, assigned, transferred,
<br />pledged, or hypothecated to any third party. In addition, Landowner represents, covenants, and
<br />warrants that Landowner is the only party with an interest in the claims asserted and is therefore
<br />the only party who has a right to assert a cause of action against City for such claims or any other
<br />claims related to the owners of the Property.
<br />15. City represents, covenants and warrants that City has the full authority and capacity
<br />to make this Agreement, grant the releases and waivers set forth herein, and take the other actions
<br />contemplated by this Agreement; that City is the sole owner of any and all claims ever possessed
<br />by City against Landowner or Landowner's property; and that no portion of any of the released
<br />claims that City may have possessed against Landowner or Landowner's property have been sold,
<br />assigned, transferred, pledged, or hypothecated to any third party. In addition, City represents,
<br />covenants, and warrants that City is the only party with an interest in the claims asserted and is
<br />therefore the only party who has a right to assert a cause of action against Landowner or
<br />Landowner's property for such claims or any other claims related to the owners of the Property.
<br />16. The Parties each represent to the other that they have read and understand this
<br />Agreement, and that they have not relied upon any representation made by the other party or parties
<br />or their attorneys in executing this Agreement. The Parties each hereby stipulate that they do not
<br />stand in a disparate bargaining position and that they have not executed this Agreement under
<br />duress. The Parties further stipulate that they do not occupy a fiduciary relationship with each
<br />other.
<br />VI. MISCELLANEOUS
<br />17. This Agreement is binding upon and shall inure to the benefit of the Parties and
<br />each of the Parties' respective successors, assigns, heirs, personal representatives, affiliates,
<br />agents, attorneys, and insurers without time limitation.
<br />18. This Agreement may be executed in multiple counterparts, each of which shall be
<br />deemed to be an original and all of which, when taken together, shall constitute one Agreement.
<br />19. The signatories and their counsel have assisted in the drafting of this Agreement,
<br />have reviewed this Agreement before execution, and agree that the normal rules of construction,
<br />specifically that "any ambiguities are to be construed against the drafter," will not be employed in
<br />its interpretation.
<br />COMPROMISE AND SETTLEMENT AGREEMENT — Page 4 of 5
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