Laserfiche WebLink
<br /> <br />Case #21-2-00611-31 Page 3 of 4 Settlement Agreement <br />4. Dismissal. Within (10) days after Plaintiffs receive the Settlement payment <br />described above, or such other time as the Parties shall agree, Plaintiff shall cause to be filed a <br />dismissal of all Plaintiffs claims in the Lawsuit, with prejudice and without cost or fees to any <br />party. Defendant’s crossclaims against Ultraflote (and any third-party claims) will remain and are <br />expressly reserved with this Settlement. <br /> <br />5. Entire and Final Agreement. The Parties understand, acknowledge and <br />agree that this Settlement Agreement constitutes the entire and final compromise settlement <br />between them, and there have been no agreements, representations or warranties made by any of <br />the Parties or by their attorneys, except as specifically set forth herein. <br />6. Counterparts. This Settlement Agreement may be executed electronically, <br />in one or more counterparts, all of which together shall constitute in the aggregate one and the <br />same instrument. Each executed counterpart shall be deemed an original and shall have the same <br />force and effect as an original. <br />7. Authority. Each of the Parties represents to each other that it has legal power <br />and authority to enter into this Settlement Agreement and that all actions necessary to authorize <br />this Settlement Agreement have been taken and are in full force and effect and have not been <br />modified, amended, or revoked. All parties to this Settlement Agreement expressly warrant and <br />represent that they have not previously assigned, pledged, or in any other manner sold or <br />transferred any of the Claims that are released herein. <br />8. Choice of Law, Jurisdiction and Venue. This Settlement Agreement shall be <br />enforced and construed in accordance with the laws of the state of Washington. Should any suit <br />arise out of this Settlement Agreement, all parties hereto consent to the personal jurisdiction of the <br />state of Washington. The Parties further agree that the Superior Court of Snohomish County shall <br />be the exclusive legal forum for the resolution of any dispute which may arise out of or be in any <br />manner connected with this Settlement Agreement, and the Parties hereto hereby submit to the <br />exclusive jurisdiction and venue of said Court. <br />9. Modification. This Settlement Agreement shall not be modified in any way <br />except in a writing signed by all the Parties hereto. <br />10. Successors and Assigns. This Settlement Agreement shall in all respects bind <br />and inure to the heirs, executors, administrators, successors in interest, and assigns of the Parties <br />hereto, or any of them. <br />11. Representation by Counsel. The Parties assert that all of them have been <br />represented by counsel in connection with the preparation and execution of this Settlement <br />Agreement, and that they have read and understood its terms. Therefore this Settlement <br />Agreement shall not be construed as if it were drafted solely by any single party’s counsel. <br />12. Effective Date. This Settlement Agreement shall be effective upon the last <br />signature and date to this Settlement Agreement.