3.11 SR 10-18-2004 - Laserfiche WebLink

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negligence against Defendants arising out of the alleged discharge of water onto the Property as a result of Windsor's development located adjacent to the Property; WHEREAS, Windsor served and filed a counterclaim alleging intentional and negligent interference with contractual and business relationships, violation of Minn. Stat. 9 561.02 (2002) (maliciously constructing a fence/structure), defamation, and sought a temporary and permanent injunction against Plaintiffs; WHEREAS, City has cross-claimed for contribution and indemnity from Windsor; WHEREAS, all Parties deny the allegations against them/it; and WHEREAS, the Parties have reached an agreement to dismiss their lawsuits with prejudice as to the City and with prejudice as to Windsor with a reservation of Certain Rights of Claims and Counterclaims between Plaintiffs and Windsor and without any admission of liability, including but not limited to the claims brought in this action or that could have been brought without admission on the part of any Party, but with the Plaintiffs reserving the right to reinstate their lawsuit against Windsor as and only as a Counterclaim notwithstanding the running of any applicable Statutes of Limitations if and only if Windsor and all related business entities or corporate successors of Windsor brings any claims against the Plaintiffs of the type or nature alleged in the Counterclaim asserted by Windsor now or in the future based upon any action of the Plaintiffs occurring on or before the date of this Settlement Agreement and Release. NOW THEREFORE, the Parties hereby stipulate and agree based on the consideration stated herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, as follows: 2