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298 <br /> <br /> 4. Each of the parties hereto agrees to defend, indemnify and <br />hold harmless the other party from and against any and all claims, <br />demands, liens, actions, liabilities and causes of action described <br />in paragraphs 2 and 3 above asserted by any person claiming by or <br />through the indemnitor against the indemnitee, including, but not <br />limited to, such claims as might be asserted by Blythe's <br />subcontractors or suppliers. <br /> 5. Upon payment to Blythe in accordance with the provisions of <br />paragraph 1 hereof, the parties shall execute, or cause their <br />attorneys to execute and file a stipulation of dismissal of the <br />Action, with prejudice. <br /> 6. This Agreement is the result of a good faith compromise of <br />disputed claims, and neither this Agreement nor the releases <br />contained herein shall be construed to be an admission of any <br />liability, responsibility, fault, or wrongdoing by either party <br />hereto. Each of the parties is entering into this Agreement to avoid <br />the expense, disruption and uncertainty of further litigation and <br />because each such party has concluded that the settlement is fair <br />and reasonable. <br /> 7. This Agreement is entered into freely and voluntarily. The <br />parties acknowledge that they have been represented by counsel of <br />their own choice in the negotiations that preceded the execution of <br />this Agreement, and in connection with its preparation and <br />execution. <br /> 8. No supplement, modification, waiver, or amendment with <br />respect to this Agreement shall be binding unless executed in <br />writing by the party against whom enforcement thereof is sought. <br /> 9. This Agreement constitutes the entire agreement between the <br />parties hereto pertaining to the final resolution of their disputes <br />and obligations relating to the Project. This Agreement supersedes <br />all prior and contemporaneous agreements not specifically provided <br />for in this Agreement and all prior representations and undertakings <br />of the parties, which are deemed merged into this Agreement. <br /> 10. The signatories to this Agreement warrant and represent <br />that they have authority to execute this Agreement and bind the <br />parties on whose behalf they execute this Agreement, and that it <br />does not conflict with or contravene the terms of any agreement, <br />law, governmental regulation, judgment, or order binding upon or <br />enforceable against the signing party. <br /> 11. The County expressly reserves its right to pursue HDR <br />Engineering, Inc. for any and all claims which the County may have <br />against HDR Engineering, Inc. in any way related to the Contracts or <br />the Project. <br /> <br /> IN WITNESS WHEREOF, the parties have caused this Agreement to <br />be duly executed as of the day and year first above written. <br /> <br />Approved as to form: <br /> <br />BLYTHE CONSTRUCTION, Inc. <br />By: <br /> <br />President <br /> <br />Attorney for Blythe <br /> <br />Approved as to form <br /> <br />CABARRUS COUNTY, NORTH CAROLINA <br />By: <br /> <br />County Manager <br /> <br />County Attorney <br /> <br />This instrument has been preaudited in the <br />manner required by the Local Government Budget <br />and Fiscal Control Act. <br /> <br />Finance Officer <br /> <br />BUDGET REVISION/AMENDMENT REQUEST <br /> <br />DEPARTMENT OF CODDLE CREEK RESERVOIR <br />AMOUNT: $761,000.00 <br />TYPE OF ADJUSTMENT: Supplemental Request <br /> <br /> <br />