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five signature pages and includes seven separate exhibits (Exhibits "A, A-1, A-2, B, B-1, C, <br />and D") in the possession of the Mediator. <br />9. REVIEW OF AGREEMENT. <br />Each Party represents and certifies that they (1) have received a copy of this Agreement <br />for review and study before being asked to sign it; (2) have read this Agreement carefully; (3) <br />have been given a fair opportunity to discuss and negotiate the terms of this Agreement; (4) <br />understand its provisions; (5) have been advised and have consulted with their attorney; (6) <br />have determined that it is in its best interest to enter into this Agreement; (7) have not been <br />influenced to sign this Agreement by any statement or representation not contained in this <br />Agreement or that it is subject to as a condition precedent; and (8) enter into this Agreement <br />knowingly and voluntarily. <br />10. BREACH OF AGREEMENT. <br />If either Parry is compelled to bring an action to enforce the terms of this Agreement, <br />the prevailing Parry shall be entitled to their reasonable attorney's fees and costs. <br />11. AUTHORITY TO BIND. <br />The corporate officers executing this Agreement hereby represent, warrant and confirm <br />that they have the authority to bind the parry for which he/she is signing, and understands that <br />execution of this Agreement is binding on the party. <br />12. JOINTLY DRAFTED AGREEMENT. <br />This Agreement shall be deemed to have been jointly drafted by each of the Parties. <br />Accordingly, the Parties hereby agree that any and all rules of construction to the effect that <br />ambiguity is construed against the drafting parry shall be inapplicable in any dispute <br />concerning the terms, meaning, or interpretation of this Agreement. <br />13. EXECUTION OF AGREEMENT. <br />This Agreement may be executed by the Parties in any number of counterparts so that <br />the collection of all counterparts or partial executions shall constitute a fully executed and <br />enforceable agreement. A facsimile copy, electronic (e.g., PDF), or e-mailed signatures of any <br />execution of a counterpart shall have the same force and effect as if the same were an original. <br />Each signatory hereto represents and warrants that they have the full, sufficient, and continuing <br />power, authorization and right to bind the Parry to the terms of this Agreement on whose behalf <br />their signature is affixed. <br />City of Elk River / BMI /PLC/ Vessco/SBI 7 <br />Settlement Agreement <br />Page 114 of 201 <br />