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3.9 Construction. The wording of this Settlement Agreement was drafted, reviewed <br />and accepted by legal counsel for the Chubb Insurers and City prior to its execution by the <br />Parties, and neither Party shall be entitled to have any wording of this Settlement Agreement <br />construed against any other Party in the event of any dispute arising in connection with the <br />Settlement Agreement. <br />3.10 Inadmissibility. of Agreement. Any evidence of the existence, terms or negotiation <br />of this Settlement Agreement shall be inadmissible in any litigation, action or other proceeding <br />between the Parties; however, such evidence may be offered in an action seeking solely to enforce <br />the terms of this Settlement Agreement, or in connection with any litigation, action or other <br />proceeding between the Chubb Companies and their reinsurers, if any. This Settlement <br />Agreement has been executed in reliance upon the provisions of Rule 408 of the Federal Rules of <br />Evidence, Rule 408 of the Washington Rules of Evidence, California Evidence Code § 1152 and <br />other similar state law provisions, which preclude the introduction of evidence regarding <br />settlement negotiations or agreements. <br />3.11 No Admission. This Settlement Agreement constitutes a compromise of disputed <br />coverage claims and shall not be construed as an admission by the Chubb Insurers or City that <br />any coverage or defense exists or does not exist under the Chubb Policies. This Settlement <br />Agreement is not intended to be, nor shall it be construed as an admission with respect to policy <br />interpretation or as an admission by any Party regarding any duties, rights or obligations under <br />the Chubb Policies. <br />3.12 No Assignment. City represents that it has not assigned, transferred, conveyed or <br />sold and will not in any manner assign, transfer, convey or sell any claim or cause of action, or <br />part thereof, arising out of or connected with the matters released herein. City represents that no <br />subrogation of its claims or causes of action, or any part thereof, has taken place. City agrees that <br />it will not affirmatively assist any other person or entity in the establishment or prosecution of any <br />claim or cause of action against the Chubb Companies in any way relating to the investigation, <br />handling, defense, indemnity or settlement of claims within the scope of this Settlement <br />Agreement, except as required by contract or to comply with its obligations to participate in good <br />faith discovery with other parties and comply with Court rules. City further agrees that it will not <br />take or accept an assignment of coverage or policy rights under any policy of insurance issued by <br />the Chubb Companies from any other potentially liable or responsible third party with respect to <br />any claim subj ect to the releases encompassed within this Settlement Agreement. Nothing herein <br />prevents City from assigning its right to collect the payment referenced in paragraph 3.1. <br />3.13 Parties Bound. This Settlement Agreement is binding upon and for the benefit of <br />City and the Chubb Companies and, except as provided herein, is not intended to confer any <br />rights or benefit upon any other person or entity and no person or entity other than the Parties shall <br />have any legally enforceable rights under this Settlement Agreement. <br />5 <br />