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• <br /> Kern, are expressly preserved and shall survive the dismissal of Plaintiffs' Claims against T. <br /> Bailey. <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 /> 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 patty's counsel. <br /> Case#21-2-0061 1-31 Page 3 of 5 Settlement Agreement <br />