4.10 SR 04-15-2024 - Laserfiche WebLink

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reimbursed for attorneys' fees and defense costs, hold harmless, or indemnity for one or more of the "Released Claims." Notwithstanding the generality of the foregoing Release of Claims, the Released Claims do not include obligations of any carrier under a tender of defense that such carrier has accepted, including but not limited to that carrier's obligations to pay defense costs through the date of the closing of this settlement. B. Claims Not Released. Notwithstanding the generality of the foregoing Release of Claims, that Release shall not extend to any obligations any of the Parties have under the contracts executed in connection with the Repair Project. C. Actions Involving Third Persons. The Parties agree that if any of them brings an action or claim against any third person, including without limitation, a contribution, indemnity, or subrogation action, arising out of the same claims released by this Agreement, the Party bringing such an action shall indemnify, defend, and hold harmless the other Parties from any claims asserted by such third person. 3. CONSIDERATION. A. Consideration by the Parties. Each of the Parties agrees to accept or pay the consideration described in its respective exhibit described below in exchange for the release of all claims between each other, and for such other terms and conditions of this Agreement. Each of said exhibits will be separately executed by each respective Party. All exhibits shall be held by the Mediator in accordance with the terms of paragraph 3.B below. • Exhibit A — Design / Build Agreement between the City and BMI (executed by BMI and the City) • Exhibit A-1 - Consideration for the City (executed solely by the City) • Exhibit A-2 — Consideration for BMI (executed solely by BMI) • Exhibit B - Consideration for RLC (executed solely by RLC) • Exhibit B-1 — Construction Contract between BMI and RLC (executed by BMI and RLC) • Exhibit C — Consideration for Vessco (executed solely by Vessco) City of Elk River / BMI /RLC/ Vessco/SBI 4 Settlement Agreement Page 111 of 201