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public entity such as the City of Everett and accordingly, the Parties have determined not to include <br />confidentiality provisions in this Agreement; and <br />WHEREAS, the Parties acknowledge that this Agreement's effectiveness is explicitly <br />made contingent on approval by (1) the Everett City Council, such that the Everett City Council's <br />failure to approve this Agreement will render this Agreement (i) null and void, and (ii) improper <br />for either Party to subsequently refer to for any reason; and (2) the Insurers' management, such <br />that if it fails to approve this Agreement, it will render this Agreement (i) null and void, and (ii) <br />improper for either Party to subsequently refer for any reason.. <br />NOW THEREFORE, intending to be legally bound, and in consideration of the mutual <br />promises and other good and valuable consideration set forth herein, the receipt and sufficiency <br />of which is hereby acknowledged, the Parties hereby agree as follows: <br />II. DEFINITIONS <br />The definitions contained herein apply only to this Agreement and will not apply to any <br />other agreement, including without limitation any policy of insurance, nor will they be used in <br />evidence, except with respect to the enforcement of this Agreement. Each defined term stated in <br />a singular form includes the plural form, and vice versa; and each defined term stated in the <br />masculine includes the feminine, and vice versa. <br />A. "Agreement" means this Settlement Agreement and Release. <br />B. "City of Everett" means the City of Everett, Washington, a municipality <br />organized and existing under the laws of the State of Washington. <br />C. "City Releasees" means: <br />(i) the City of Everett, Washington, a municipality organized and existing <br />