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ATTY/AGR/SETTLEMENTS/2026/JUVA RETAIL RWC INC./JUVA RETAIL RWC INC. SETTLEMENT AGREEMENT <br />REV: 04-24-26 MI <br />Page 5 of 9 <br />AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR <br />OR RELEASED PARTY. <br />To the fullest extent permitted by law, each Party hereby agrees, represents and warrants that they <br />realize and acknowledge that factual matters now unknown to it may have given or may hereafter <br />give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and <br />expenses which are presently unknown, unanticipated and unsuspected, and the Party further <br />agrees, represents and warrants that the waivers and releases herein have been negotiated and <br />agreed upon in light of that realization and that the Party nevertheless hereby intends to release, <br />discharge and acquit the Released Parties from any such unknown causes of action, claims, <br />demands, debts, controversies, damages, costs, losses, expenses and other claims. <br />Notwithstanding the foregoing, the City reserves the right to take appropriate legal action to <br />enforce any conditions related to Permittee’s cannabis retailer permit. The City further reserves <br />the right to exercise its police powers and administer its Cannabis Regulations. <br />5. General Provisions: <br />a. No Admission: This Agreement is the result of a compromise and shall never, at <br />any time for any purpose, be considered as an admission of liability or responsibility on <br />the part of any Party herein released, nor shall the release of any claims or waiver of costs <br />in consideration of the execution of the Agreement constitute or be construed as an <br />admission of any liability whatsoever by any Party herein released. <br />b. Cooperation: The Parties shall use available efforts to cooperate with one another <br />in the planning, preparation, execution and close out of the obligations established in this <br />Agreement and otherwise to achieve the objectives and purposes of this Agreement. <br />c. Successors and Assigns: This Agreement shall inure to the benefit of and bind the <br />respective successors and assigns of the Parties, if any. Except as otherwise provided <br />herein, this Agreement is for the exclusive benefit of the Parties hereto and not for the <br />benefit of any other person and shall not be deemed to have conferred any rights, express <br />or implied, upon or duties to any other person. <br />d. Advice of Counsel: Each of the Parties has read this entire Agreement and has been <br />given the opportunity to seek advice of counsel prior to executing this Agreement. No <br />Party shall deny the validity or enforceability of this Agreement on the basis that the Party <br />did not have the advice of counsel. Each Party acknowledges and agrees that he, she or it <br />has received or had the opportunity to receive independent legal advice by counsel selected <br />solely by such Party in the preparation, review, and advisability of entering into this <br />Agreement and that the rule of construction to the effect that any ambiguities are to be <br />resolved against the drafting party shall not be employed in the interpretation of this <br />Agreement. <br />e. Authority: Each Party represents and warrants to the others that (i) this Agreement <br />is duly authorized, executed, and delivered by the representing Party; (ii) this Agreement <br />is a legal, valid, and binding obligation of the representing Party, enforceable against the <br />representing Party except as enforcement may be limited by law; and (iii) the authorization,