09-12-2007 Council Agenda - Laserfiche WebLink

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shareholders, members, managers, partners, employees, agents, and representatives, hereby release, acquit and forever discharge Dayspring and its respective parent, subsidiaries and affiliates, and its respective officers, directors, shareholders, members, managers, partners, employees, agents, and representatives of and from any manner of action or actions, causes of action, claims, damages, debts, demands, executions, expenses, judgments, liabilities, or losses, whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, legal or equitable, and whether sounding in tort, contract, equity or otherwise, arising from the Application Costs. This release does not extend to the City's defense of those claims Dayspring has asserted against the City in the Ramsey County District Court action (Case No. C9 -03 -1906) ( "District Court Action "). 6. This Agreement does not preclude the City from being reimbursed for development costs pursuant to paragraph 13 of the Development Contract. 7. In entering into this Agreement, the Parties each represent that they have either been represented by independent legal counsel or that they have voluntarily chosen to forego independent legal counsel, that they have read the terms of this Agreement, and that those terms are fully understood and voluntarily accepted by them. The Parties further affirmatively represent that they have voluntarily entered into this Agreement and that there are no representations made by the Parties, or their attorneys, agents or other representatives which are not expressly set forth in this Agreement. 8. This Agreement may be executed in any number of counterparts, all of which shall constitute a single agreement. 3