Settlement Agreement and Mutual Release with Sawcutting and Milling LLC
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11. Warranty of Capacity to Execute Agreement. The Parties represent and warrant that no other person or entity has or has had any interest in the claims, demands, obligations, or causes of action referred to in this Agreement. It has the sole right and exclusive authority to execute this Agreement; and that it has not sold, assigned, transferred, conveyed, or otherwise disposed of any claims, demands, obligations, or causes of action referred to in this Agreement. 12. Additional Documents. The Parties agree to cooperate fully, to execute any and all supplementary documents, and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 13. Advice of Counsel and Authority to Execute. Each party executing this Agreement warrants that it has read this Agreement; has obtained the advice of legal counsel with respect to the terms of the Agreement; and is legally empowered and authorized to execute the Agreement on its behalf. 14. Effective Date. This Agreement shall become effective following execution by the parties. 15. Counterparts. This Agreement may be executed via facsimile in any number of multiple counterparts. When a counterpart has been executed by each of the Parties, the counterparts, taken together, shall constitute a single agreement. Duplicate originals may also be utilized, each of which shall be deemed an original document. However, this Agreement is not effective until signed by all the Parties. 3827572 4 Joßdent Southwest Sawcutting and Milling, LLC City of Glendale, an Arizona municipal corporation By: Name: ------------- Title: City Manager Kevin R. Phelps ATTEST: By: Name: Title: Julie K. Bower, City Clerk APPROVED AS TO FORM: By: Name: Title: Michael D. Bailey, City Attorney 3827572 5 ----------------