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Hos Bros Construction 5/20/2024
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Hos Bros Construction 5/20/2024
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Entry Properties
Last modified
5/21/2024 8:51:17 AM
Creation date
5/21/2024 8:51:01 AM
Metadata
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Template:
Contracts
Contractor's Name
Hos Bros Construction
Approval Date
5/20/2024
Council Approval Date
5/15/2024
Department
Legal
Department Project Manager
Tim Benedict
Subject / Project Title
OVER-PRESSURIZATION EVENT – FEBRUARY 3, 2023
Tracking Number
0004359
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Settlement Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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5 <br />c. Claims Not Released. The Parties understand and agree that third <br />parties to this Settlement Agreement may have liability for the Residential Claims <br />and other matters that may be associated with the Over-Pressurization Event or the <br />Soundview Project. This Settlement Agreement does not release, waive, or affect <br />any claims or rights associated with the Over-Pressurization Event or the <br />Soundview Project other than as between the settling Parties as set forth herein. The <br />Parties reserve all rights to assert claims to enforce the terms of this Settlement <br />Agreement. <br />7. No Admission of Fault or Liability. This Settlement Agreement shall not <br />be used by either Party as evidence of fault or liability as against the counter-Party except <br />to enforce the terms of this Settlement Agreement. The Parties stipulate and agree that the <br />settlement allocation herein shall not be interpreted or construed or used as evidence of the <br />counter-Party’s share or putative share of fault, other than to enforce the terms of this <br />Settlement Agreement. <br />8. Other Claims and Lawsuits. The Parties covenant and agree that neither <br />Party has or will file a lawsuit against the other associated with or related to any Residential <br />Claim except to enforce the terms of this Settlement Agreement. <br />9. Party Designees. The Parties each respectively appoint the following <br />Designees for the purposes of receiving the notices and communications set forth in this <br />Settlement Agreement: <br />a. The City of Everett Designee(s) <br />Name: Christine Muth-Schulz <br />Address: 2930 Wetmore Ave., 10-C <br /> Everett, WA 98201 <br />Email Address: cschulz@everettwa.gov <br />Telephone Number: 425-257-8702 <br />b. Hos Bros Construction Inc. Designee(s) <br />Name: Donna M. Chamberlin <br />Address: Lewis Brisbois Bisgaard & Smith, LLP <br /> 1111 3rd Avenue, Suite 2700 <br /> Seattle, Washington 98101 <br />Email Address: Donna.Chamberlin@lewisbrisbois.com <br />Telephone Number: (206) 508-1930
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