Agmt14 Brett Leland Colbert Settlement Agmt 1016 Warren Ave

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Agreement, but instead has executed, approved and entered into this Agreement solely upon their own independent investigation of any and all facts as they may deem appropriate. 13. Written Modification Onlv. This Agreement and each of its terms and provisions may not be amended, altered, modified, terminated or waived orally, and no amendment, alteration, modification, termination or waiver shall be valid unless it is in writing and signed by each of the Parties affected thereby. No provision of this Agreement may be waived unless in writing and signed by the Party benefited by the waiver. Waiver of any one provision shall not be deemed to be a waiver of any other provision of this Agreement. This Agreement may be modified or amended only by written agreement executed by each of the Parties affected by such modification or amendment. No Party will enforce or rely upon any purported unwritten or unsigned amendment, alteration, modification, termination, waiver or basis for an estoppel to assert any term or provision of this Agreement. 14. Titles. Titles or captions contained in this Agreement are inserted as a matter of convenience and for reference only, and in no way define, limit, extend or describe the scope of the Agreement or any term or provision thereof. 15. Bindin� Upon Successors. This Agreement shall be and is binding upon and inures to the benefit of the Parties hereto, and to their respective successors and assigns. 16. Consultation With Legal Counsel: Knowin� and Voluntary Waiver. The Parties acknowledge that they have consulted with legal counsel before signing this Agreement. The Parties represent, understand, and agree that they have thoroughly discussed this Agreement and their rights with their own legal counsel to the full extent they wished to do so before signing this Agreement and that they may be waiving legal claims by signing this Agreement. 17. Governin�Law; Venue. This Agreement is made and entered into in the State of California and in all respects is to be interpreted, enforced and governed by and under the laws of California, without reference to its conflicts of laws rules. Any action to enforce or interpret this Agreement shall be filed in the Superior Court of San Mateo County, California. 18. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. 19. Notice. Any notice, approval, disapproval, demand, document or other communication ("Notice") which any Party may desire to give to any other Party under this Agreement must be in writing and may be given by any commercially acceptable means, including via first class Certified Mail, electronic mail (e-mail), personal delivery or overnight courier, to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice. ATTY/AGR/2014.215/COLBERT SETTLEMENT AGREEMENT-1016 WARREN AVE REV:10-29-14 PT Page 4 of 5