4.10 SR 04-15-2024 - Laserfiche WebLink

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• they should consult an attorney before signing a mediated settlement agreement if they are uncertain about their rights. In entering this Agreement, each Party represents that they have relied upon the advice of their attorney, who is the attorney of their own choice, concerning the legal consequences of the Agreement; that the terms of the Agreement have been completely read and explained to each Party by their attorney; and that the terms of this Agreement are fully understood and voluntarily accepted. 2. RELEASE OF CLAIMS. A. Release of Claims Regarding the Original Project. In consideration of the sums described in the exhibits identified in Paragraph 3 below, the sufficiency of which is hereby acknowledged, the Parties hereby unconditionally and mutually release and forever discharge each other, and their insurers, successors, parents, affiliates, agents, sureties, subsidiaries, dealers and distributors, and the officers, directors and assigns of each including any estates, heirs, or devisees, from any and all claims, past, present and future, known or unknown, regarding the design and construction of the Original Project ("the Released Claims"), including but not limited to all claims that were or could have been made in the Action. The Released Claims shall include all damages, whether known or unknown, foreseen or unforeseen, arising out of Released Claims. The Parties agree the following claims are also included in the Released Claims: (i) any and all claims for defense, damages, requests to be reimbursed for attorneys' fees and defense costs, hold harmless, indemnity or contribution by any Party to the Action against any other party to the Action are released to the extent the defense, damages, request to be reimbursed for attorneys' fees, defense costs, hold harmless obligation, indemnity or contribution obligation arises out of, or is in any way related to, the "Released Claims." (ii) any and all claims by any Party against any other Party based on the allegation of failure to procure proper insurance coverage for the benefit of the Party making such claim or for the benefit of another Party to the extent the insurance at issue is claimed to provide a defense or indemnity for one or more of the "Released Claims." (iii) any and all claims by any Party against the insurance carrier or carriers of another Party for defense, damages, request to be reimbursed for attorneys' fees and defense costs, hold harmless, or indemnity, including but not limited to claims based on additional insured status, actual or alleged, to the extent that the insurance at issue is claimed to provide a defense, damages, request to be City of Elk River / BMI /PLC/ Vessco/SBI 3 Settlement Agreement Page 110 of 201