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Temporary Construction Access Easement- Temporary & Permanent Construction Access and Instal – Christopher & Jennifer Voros (Trustees)
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Temporary Construction Access Easement- Temporary & Permanent Construction Access and Instal – Christopher & Jennifer Voros (Trustees)
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4/9/2025 9:39:55 AM
Creation date
8/26/2020 9:24:49 AM
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Board of Public Works
Document Type
Contracts
Document Date
8/25/2020
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5.0 Warranty of Capacity to Execute Agreement <br />The Voros Trust represents and warrants that no other person or entity has, or has had, any <br />interest in the claims, demands, obligations, or causes of action referred to in this Settlement <br />Agreement, except as otherwise set forth herein; that The Voros Trust has the sole right and exclusive <br />authority to execute this Settlement Agreement and receive the sums specified in it; and that The <br />Voros Trust has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, <br />demands, obligations or causes of action referred to in this Settlement Agreement. <br />6.0 Governing Law <br />This Settlement Agreement shall be construed and interpreted in accordance with the laws of <br />the State of Indiana. <br />7.0 Construction of Agreement <br />Both the Voros Trust and the City have entered into this Agreement freely and voluntarily, <br />and none of the Parties shall be deemed to be the drafter of this Agreement. <br />8.0 Entire Agreement; Amendments to Agreement <br />This Agreement represents the entire understanding of the Parties. Any previous agreements, <br />communications, correspondence, or drafts shall not be employed to construe this Agreement and are <br />not evidence of the Parties' intent in entering this Agreement. Only a writing signed by the Parties <br />may modify this Agreement. <br />9.0 Additional Documents <br />All Parties agree to cooperate fully and execute any and all supplementary documents and to <br />take all additional actions which may be necessary or appropriate to give full force and effect to the <br />basic terms and intent of this Settlement Agreement. <br />10.0 Severability <br />If any part, term or provision of this Settlement Agreement shall be deemed to be prohibited, <br />invalid, or unenforceable by any applicable law, such a provision shall be replaced by a provision which <br />comes as close as possible to the intended result of the invalid provision, and the economic purpose <br />thereof, and which is valid and enforceable. The invalidity of any part, term or provision of this <br />Settlement Agreement shall not invalidate or affect the remaining parts, terms ot provisions hereof <br />and all such remaining parts, terms and provisions shall remain in full force and effect. <br />11.0 Non -Admissibility <br />Neither this Settlement Agreement nor any matters relating to the terms or negotiations of <br />this Settlement Agreement shall be admissible in any lawsuit or other proceeding for any purpose <br />other than to establish a term or condition of this Settlement Agreement that one of the Parties <br />
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