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4. NO ADMISSION OF LIABILITY. <br />The Parties recognize and agree that this settlement is the compromise of disputed <br />claims and that the consideration accepted and paid hereunder is not intended nor shall it be <br />construed by anyone to be an admission of liability by or on behalf of any of the Parties, by <br />whom all such liability is expressly denied, said Parties intending by this settlement merely to <br />avoid litigation and buy their peace. <br />5. CONFIDENTIALITY. <br />The Parties agree that all matters recited herein, and in settlement discussions between <br />the Parties, whether or not through counsel, have been and shall be kept absolutely confidential, <br />including but not limited to the amount of settlement proceeds paid herein. They will not <br />disclose any information concerning the matters recited herein and in settlement discussions <br />to any person other than their spouse, attorneys, insurance carriers, accountants, tax and <br />financial advisors, taxing authorities, and/or a court of competent jurisdiction or requested to <br />do so by a regulator. The Parties may only disclose confidential information if ordered to do <br />so by a court of competent jurisdiction, provided however, nothing contained herein shall <br />prevent (i) disclosures based on the prior written consent from the other parties to this <br />Agreement; (ii) disclosures required by law and (iii) disclosures made by representatives of the <br />City in their official capacity as required by law. <br />6. REMARKS. <br />The Parties agree to not make any disparaging remarks about any other Party to this <br />Agreement. <br />7. DISMISSAL OF SUIT. <br />Upon payment of all consideration herein, the Parties hereby authorize and direct their <br />attorneys of record to dismiss with prejudice any and all claims, counterclaims or cross claims, <br />among and between each other; it being understood and agreed that said dismissals shall be <br />without costs or disbursements. <br />8. ENTIRE AGREEMENT. <br />The Parties further understand and agree that this document contains the entire <br />agreement between the Parties with respect to the settlement of the Released Claims, and that <br />the terms of this Agreement are contractual and not a mere recital. This Agreement includes <br />City of Elk River / BMI /PLC/ Vessco/SBI 6 <br />Settlement Agreement <br />Page 113 of 201 <br />