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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 /> 3.1 I 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 subject 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 />