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<br />occurring on or after the date of this Agreement of the type or nature alleged in the Counterclaim <br /> <br />asserted by Windsor~ Windsor, for itself and for all related business entities or corporate <br /> <br /> <br />successors in any claim which may be made against the Plaintiffs for actions occurring on or <br /> <br /> <br />after the date of this Agreement, hereby waives the right to assert any statute of limitations as a <br /> <br /> <br />defense against any Counterclaim brought by the Plaintiffs, and Windsor, for itself and for all <br /> <br />related business entities or corporate successors, agrees to the tolling of any applicable statute of <br /> <br />limitations to the extent specified in this paragraph from and as of the date the Plaintiffs served <br /> <br />the above-entitled action on the Defendants. Windsor, for itself and for all related business <br /> <br />entities or corporate successors, further agrees that the City and or its officials, agents or <br /> <br />employees shall not be made third-party defendants in any such claim. <br /> <br />4. Non-Admission: Nothing in this Agreement shall be construed to be an <br /> <br />admission by any party. <br />5. Entire Agreement: This Agreement constitutes the entire agreement between the <br /> <br />Parties and supersedes all prior oral or written agreements between the Parties. Any subsequent <br /> <br />modification of this Agreement must be in writing and signed by the Parties to be effective. <br /> <br />6. Contingent. This Agreement shall be contingent upon the approval of the City <br /> <br />Council. <br />7. Binding. This Agreement shall be binding and inure to the benefit of the parties <br /> <br />jointly and severally, including their executors, administrators, personal representatives, heirs, <br /> <br />successors, assigns, transferees, principals, officers, directors, agents, servants, insurers, <br /> <br />subrogees, and legal representatives. <br /> <br />4 <br />