Resolution 9800 - Laserfiche WebLink

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deemed to mean the singular. Any references to gender shall be deemed to mean whichever is appropriate under the circumstances of the usage. This Agreement shall at all times be interpreted in accordance with its fair meaning. 20. AUTHORITY TO EXECUTE. The Parties hereby declare and represent that in effectuating this Settlement and executing this Agreement, each Party and/or its responsible officer has: (A.) had the opportunity to consult with legal counsel of its choice, and has in fact received independent legal advice from its Attorney(s) with respect to its rights and liabilities, all matters settled and resolved herein, and the advisability of executing this Agreement and being bound by its terms and conditions; (B.) made such investigation of the facts pertaining to this Agreement and of all matters pertaining thereto as it has independently deemed necessary; and (C.) carefully read this Agreement and understands the contents hereof. Each signatory to this Agreement represents and warrants that they are: (A.) of legal age; (B.) legally competent to execute and deliver this Agreement; (C.) duly empowered with the authority to execute and deliver this Agreement on behalf of their respective Party, thereby legally binding that Party on whose behalf they are signing; and (D.) has obtained any consent or authorization required to bind their Party to this Agreement. The Parties further warrant and represent to each other that they are legally authorized and entitled to settle and release every claim, right, or cause of action herein referred to and released and to give a valid, full, and final acquittance therefor. The Parties acknowledge and agree that this Agreement is fully and adequately supported by consideration and it is fair and reasonable. 21. LIMITATIONS ON DISCLOSURE. The Parties agree that, except as required by law (including, without limitation, Minnesota's Data Practices Act and Open Records Law (Minn. Statutes 13.01 et seq.)) or otherwise specifically permitted under this Agreement, they shall not discuss or otherwise disclose to any third party, the terms and conditions of this Agreement, the amount of the Settlement (including any reference to the range of settlement, demands, offers and/or counteroffers and all other aspects ofnegotiations between the Parties), and all non -publicly disclosed information, documents, and details about the Released Claims. The Parties further agree that, except as required by law (including without limitation, Minnesota's Data Practices Act and Open Records Law (Minn. Statutes 13.01 et seq.)) or otherwise specifically permitted under this Agreement, they and their Attorney(s) will not, directly or indirectly, discuss or otherwise disclose any of the non -publicly disclosed facts underlying this matter or the terms of the Settlement to any wire -service, newspaper, radio or television reporter, any other media representative, any legal periodical, journal, or case / settlement gathering source; and, nor will the Parties transmit any press release or other information to the media about the Agreement or its terms, and will not otherwise publish any information about the Agreement or its terms. The Parties hereto agree that they shall respond to any inquiry regarding the resolution of the matter by saying "[t]he matter was resolved to the mutual satisfaction of the parties." The Parties expressly agree that the financial terms and conditions of this Agreement may only be disclosed, on or after the Effective Date, under the following limited situations: