2024/05/15 Council Agenda Packet

5 c. Claims Not Released. The Parties understand and agree that third parties to this Settlement Agreement may have liability for the Residential Claims and other matters that may be associated with the Over-Pressurization Event or the Soundview Project. This Settlement Agreement does not release, waive, or affect any claims or rights associated with the Over-Pressurization Event or the Soundview Project other than as between the settling Parties as set forth herein. The Parties reserve all rights to assert claims to enforce the terms of this Settlement Agreement. 7. No Admission of Fault or Liability. This Settlement Agreement shall not be used by either Party as evidence of fault or liability as against the counter-Party except to enforce the terms of this Settlement Agreement. The Parties stipulate and agree that the settlement allocation herein shall not be interpreted or construed or used as evidence of the counter-Party’s share or putative share of fault, other than to enforce the terms of this Settlement Agreement. 8. Other Claims and Lawsuits. The Parties covenant and agree that neither Party has or will file a lawsuit against the other associated with or related to any Residential Claim except to enforce the terms of this Settlement Agreement. 9. Party Designees. The Parties each respectively appoint the following Designees for the purposes of receiving the notices and communications set forth in this Settlement Agreement: a. The City of Everett Designee(s) Name: Christine Muth-Schulz Address: 2930 Wetmore Ave., 10-C Everett, WA 98201 Email Address: cschulz@everettwa.gov Telephone Number: 425-257-8702 b. Hos Bros Construction Inc. Designee(s) Name: Donna M. Chamberlin Address: Lewis Brisbois Bisgaard & Smith, LLP 1111 3rd Avenue, Suite 2700 Seattle, Washington 98101 Email Address: Donna.Chamberlin@lewisbrisbois.com Telephone Number: (206) 508-1930