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2009/09/16 Council Agenda Packet
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2009/09/16 Council Agenda Packet
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Council Agenda Packet
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9/16/2009
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8 <br /> This Settlement Agreements made on the understanding that each term is in <br /> consideration and support of every otEer term,and each term is a necessary part <br /> of the entire Settlement Agreement. Notwithstanding,if a court rules that any <br /> provision in this Settlement.Agreement is invalid,the Parties agree to meet and <br /> confer regarding the continued viability of this Settlement Agreement. <br /> 7.4 No Third Party Beneficiaries <br /> This Settlement Agreement shall not create any right or interest in any member of <br /> the public as a third-party beneficiary and shall not authorize any non-Party to <br /> maintain a suit at law or equity pursuant to this Settlement Agreement. The <br /> duties,obligations and responsibilities of the Parties with respect to third parties <br /> shall remain as imposed under applicable law. <br /> 7.5 Successors and Assigns <br /> This Settlement Agreement shall apply to,be binding on,and inure to the benefit <br /> of the Parties and their successors and assigns,unless otherwise specified in this <br /> Settlement Agreement. Any voluntary assignment by a Party shall not be <br /> effective unless approved by the Licensee,which approval shall not be <br /> unreasonably withheld. A partial assignment is not permitted.After the <br /> Licensee's approval of the assignment,the assignee shall sign this Settlement and <br /> become a Party. <br /> 7.5.1 Succession <br /> In the event of succession by any Party,whether by statute,executive order or <br /> operation of law or contract,or any other means,the successor shall become a <br /> Party to and be bound by the terms of this Settlement Agreement,to the extent <br /> permitted by law. <br /> 7.5.2 Continuation of Certain Obligations <br /> Upon completion of a succession or assignment,the initial Party shall no longer <br /> be a Party to this Settlement Agreement. It shall continue to be bound by sections <br /> 2.2 and 7.1,and 7.5. Except as provided in sections 3 and 4 of this Settlement <br /> Agreement,the initial Party shall not take any action inconsistent with this <br /> Settlement Agreement or the portions of the Project License that incorporate this <br /> Settlement Agreement. <br /> No change in ownership of the Project or transfer of the existing Project License <br /> by the Licensee shall in any way modify or otherwise affect any other Party's <br /> interests,rights,responsibilities or obligations under this Settlement Agreement. <br /> Unless prohibited by applicable law,the Licensee shall provide in any transaction <br /> for a change in ownership of its Project or transfer of its existing or Project <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT 24 <br /> 62 <br />
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