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HomeMy WebLinkAboutLech, Diane; 2023-10-25;OocuSig� Envelop.e ID: 5B963425-8671-4FAF-A80B-F2E3ED6F084O v. DocuSign Envelope ID: 58963425-8671-4FAF-A808-F2E3ED6F084O DocuSig~ Envelop~ ID: 5B963425-8671-4FAF-A80B-F2E3ED6F084D SETTLEMENT AND RELEASE AGREEMENT Diane Lech v. City of Carlsbad San Diego Superior Court Case N o. 37-2020-00042305-CU-PO-NC Plaintiff intends to release and discharge all claims, demands, rights, including all appellate rights, and causes of action of any nature even though some of such damages may not have shown themselves at the time of acceptance of this Agreement. 4.0 Enforceability 4.1 The Parties acknowledge and agree that the San Diego Superior Court, and in particular the Judge assigned to this litigation, reta ins jurisdiction over this Agreement. 5.0 No Admission of Liability 5.1 The Parties acknowledge and agree that this Agreement is in settlement of a d isputed claim, and no party admits liab il ity or the sufficiency of any claim, cause of action, o r allegation. This Agreement does not constitute an admission by any party. 6.0 General Provisions 6.1 This Agreement constitutes the entire understanding of the parties and supersedes a ll prior agreements. 6.2 This Agreement may not be modified without the wri tten consent of each of the Parties. 6.3 This Agreement shall be governed in all respects under all applicable federal and California laws. 6.4 The Parties acknowledge and agree that all Parties participated in the drafting of this Agreement, and waive any rule of contract interpretation w hich requires or permits ambiguities in the language or meaning of thi s Agreement to be construed again st the drafting party. 6.5 If any portion of this Agreement is deemed void, unenforceable, or contrary to public policy or any law, the remainder of this Agreement shall remain in full force and effect. 6.6 T his Agreement may be executed in counterparts which shall be considered together as one Agreement. A fax, photocopy, or emai l signature shall be deemed the same as an original signature. Page 3 of 4 DocuSign Envelope ID: 5B963425-8671-4FAF-A80B-F2E3ED6F084O SETTLEMENT AND RELEASE AGREEMENT Diane Lech v. City of Carlsbad San Diego Superior Court Case No. 37-2020-00042305-CU-PO-NC 6.7 Each undersigned acknowledges and agrees they are authorized to enter into this Agreement. DocuSlgned by: Dated: Octott&/251202~023 --' 0~1~ ~fffie~'18t1flC. APPROVED AS TO FORM ONLY Martinez & Schill LLP. Dated: October 24 2023 --' c:J.tnnifer L. Martine~ Attorneys for Plaintiff Diane Lech Page 4 of 4