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Effect/ye upon complete execution of this A~reem~nt, the Count), releases and
<br />i~115' discharges Blythe and its ~hareholders, directors, officers, sureties, and agents, and their
<br />h~irs, successors and assigns, from any and all claims, demands, liens, actions, liabilities,
<br />obligations and ca. uses a~'action~ m'ising out of er relating to the Project or the Contracts, whether
<br />k~ow~ o~ unk~.o~m, contingent or ~ot contingent, liquidated or urdiquidated, except claims/'or
<br />the enforcement of the County's dg, hts hereunder. ~
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<br /> 4. Each of the parties hereto agrees to d~end, indemnify and hold harmless the other
<br />party from and against any and all claims~ demands, liens, actions, liabilities and ca~ses of action
<br />described in paragraphs 2 a~d 3 ioove asserted by any person claiming by or t~ough the
<br />indenm/tor against ~he indermnitee, including, but not limited to, such claims as might be asserted
<br />by Biythe's subcontractors or suppliers.
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<br /> 5. Upon payment :o Bly~he in accordance with the provisions of paragraph i hereof.
<br />the pan. es shall execute, or cause their attorneys to execute and file a stipulation of dismissal of
<br />the A.ction, wi~h prejudice.
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<br /> 6. This Agreement is the result of a good faith comprorrdse of' disputed claims, and
<br />neither tl'ds A. greemcn~ nor ~he releases contained herein shall be construed to be an admission of
<br />any liability, responsibility, fa'alt, or wrongdo/ng by either pray hereto. Each of the parties is
<br />entering into th/$ Agreement to avoid the expense, disruption and ancertahnty of further litigation
<br />and because each such party ha~ concluded that the settlement is fair and reasonable.
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<br /> ?. This Agreement is entered into freely and voluntarily. The parties acknowledge
<br />that tEcy l~av¢ b~n represented by counsel of their own choice in the negotimions that preceded
<br />the execution o/"~his Agreemem, and ;,n connection with its preparation and execution,
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<br /> 8. No mpplement, modification, waiver, or amendment with respect to this
<br />Agreement sha!l be binding unless executed in writing by the party ago/asr whom enforcement
<br />thereof is ,ought.
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<br /> 9. Thi~ A~eement constituies the entire agreement bet-ween the parties hereto
<br />pe~aining to the i:mal resolution of :heir disputes and obligations relating to the Project. This
<br />Ag~-eement supersedes all prior and conI~nporaneous agreements not specifically provided for in
<br />this Agreement and all prior ripreientations and undertakings of the, parties, which are deemed
<br />merged into this A~eerO, em.
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<br /> 10. The signatories to this A~eemcnt warrant and represent that they have author;ty
<br />to execule this Agreeme~ and bind the parties on whose behalf they execute fi'ds Agreement, and
<br />that it does not conflict with lot oontravene the terms of any agreement, taw, governmen'ca!
<br />regulation, judgment, or order b~inding upon or enforceable against the signing Party.
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<br /> l 1. The County exp}es.siy reserves it~ fight to pursue HDR. En~jneering, Inc. for any
<br />and all claims which the County may have against HDK l/ngineering, Inc. in any way related to
<br />the Contracts or t,~e. Project.
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