Agmt21 Airfield Settlement Agreement

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ATTY/AGREEMENTS/SETTLEMENTS/AIRFIELD SETTLEMENT AGREEMENT REV: 08-11-2021 EI Page 4 of 6 breach of this Agreement by any Party which has not been cured. The Parties expressly agree to a four year statute of limitations to enforce this written contractual Agreement. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties hereto and their respective heirs, successors, representatives and assigns. 12. GOVERNING LAW, FORUM AND JURISDICTION This Agreement shall be interpreted and governed by the procedural and substantive laws of the State of California, and shall be deemed executed in the County of San Mateo, California. The Parties agree that any legal action or proceeding relating to this Agreement shall be instituted in San Mateo County Superior Court or the United States District Court for the Northern District of California. 13. SEVERABILITY If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 14. NO WAIVER No provision of this Agreement can be waived, modified or changed except by written instrument signed by all of the Parties hereto. Waiver of any one provision herein by any Party shall not be deemed to be a waiver of any other provision. 15. VOLUNTARY AGREEMENT Each Party hereto represents that he/she/it has read carefully and understand fully each provision of this Agreement and that this Agreement has been the subject of negotiation between the Parties and is entered into voluntarily, without any duress or undue influence on the part of or on behalf of any Party entering into this Agreement. 16. INTEGRATION This Agreement contains all of the terms and conditions agreed upon by the Parties hereto regarding the subject matter of this Agreement. Any prior agreements, promises, negotiations, or representations, either oral or written, relating to the subject matter of this Agreement are of no force and effect. All of the inducements of any Party to enter into this Agreement are stated expressly in this Agreement. 17. AUTHORITY TO SIGN Each person signing this Agreement on behalf of a Party hereto represents and expressly warrants to the other Parties that he/she/it has all the requisite power and authority to execute and deliver this Agreement for such Party, and that this Agreement when so executed and delivered will be a binding obligation of, and enforceable against, such Party in accordance with its terms. 18. HEADINGS