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2 . This appeal shall be and hereby is dismissed with <br /> prejudice and without cost to any party. <br /> 3 . Nothing contained in this Agreement may be used or <br /> construed as an admission of liability by either party, shall <br /> have no affect on the existence., liability, or enforceability of <br /> any other agreements between the parties, and this Agreement <br /> shall not be offered or received in evidence in any action or <br /> proceeding in any court or other tribunal as an admission or <br /> concession of liability or wrongdoing of any nature on the part <br /> of any party. In particular, and without limiting the <br /> generality of the foregoing, the parties hereto agree that .the <br /> contract between the- parties dated December 17, 1965 , and the <br /> issue of its validity and enforceability or lack of validity and <br /> • enforceability, as to each, every, and all of its provisions <br /> shall not be in any way affected or impacted by this Agreement . <br /> The parties agree to continue to disagree as to the <br /> unenforceability, validity and affect of said Agreement and each <br /> of its provisions, said Agreement being attached to the Park <br /> Board' s Notice of Appeal to District Court dated January 5, 1989 <br /> as Exhibit A. <br /> 4 . This Agreement constitutes the complete Agreement <br /> between the parties and may not be altered, amended, or modified <br /> except in writing signed by the parties, it being the mutual <br /> intent of the parties that this Settlement Agreement shall <br /> • <br /> -3- <br />