AgdaPkt 2019-07-22 Joint SA PFA - Laserfiche WebLink

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6.A. - Page 6 of 13 ENFORCEABILITY OF THIS AGREEMENT/CONTINUING JURISDICTION OF THE COURT REGARDING THE ACTION: This Agreement shall be enforceable pursuant to Code of Civil Procedure Section 664.6, and all other applicable statutes and laws relating to enforceability of settlement agreements. The Parties request that the Court retain jurisdiction over this Subject Action and these parties for the purpose of enforcing this Agreement, if such may be necessary. ATTORNEYS' FEES AND COSTS INCURRED IN THE SUBJECT ACTION: Except as otherwise provided herein, each party shall bear its own fees and costs incurred in prosecuting/defending the Subject Action. 9. INDEMNIFICATION: In addition to and without limiting any other language in this Agreement, Plaintiffs agree to defend, protect, indemnify and hold harmless Defendant and Co -Defendant, as the case may be, from any and all liens, claims (including subrogation claims), demands and suits that may arise from the Subject Action and/or from any of the matters at issue in the Subject Action, including those arising as a result of payments made by or on behalf of Defendant and/or Co -Defendant, for injuries allegedly caused to Plaintiffs, or either of them. Defendant and Co -Defendant shall notify Gregory C. Cattermole, Esq- of any such liens, claims, demands and/or suits and shall cooperate in the defense of such liens, claims, demands and/or suits. The defense of the Defendant and Co - Defendant, or either of them, shall be provided by an attorney selected by Plaintiffs, subject to veto by City and/or State as the case may be, at Plaintiffs' expense. Plaintiffs shall bear all responsibility for liens, whether public or private, including Medi -Cal, Medicare, and any and all other liens for treatment related to any injury(ies) allegedly incurred as a result of the Subject Accident. Plaintiffs expressly warrant they have not received Medicare or Medi -Cal benefits relating to any injury sustained in the Subject Accident. 10. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof, and no modification or waiver of any of the provisions set forth herein shall be valid unless it is put into writing and executed by all parties hereto. This Agreement (after full execution and delivery) memorializes, contains and constitutes all of the terms and understandings between the Parties concerning the matters referenced herein. Each of the Parties acknowledges that no other party and no agent or attorney of any other party, has made any promise, representation, or warranty whatsoever respecting this Agreement aside from what is explicitly stated herein, 11. CALIFORNIA LAW: This Agreement shall be governed and construed in accordance with the laws of the state of California at the time of its execution. Venue for any action commenced regarding this Agreement shall be in a California court of proper jurisdiction In and For the County of San Mateo, California. I2. EFFECT OF ANY INVALID TERM(S): Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining terms shall not be affected thereby, so long as the primary intentions of the parties may still be accomplished by the remaining terms, and said provision shall at that point not be deemed to be a part of this Agreement. ATTY/AGR/SETTLEM ENTS/S ETT LEM ENT AGREEMENT DYNIN REV: 07-08-19 MI Page 4 of 9 14