10-2132 Settlement Agreement with Southern Landscaping & Irrigation

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6. CITY further agrees to execute and file a Notice of Voluntary Dismissal of Defendant, SOUTHERN, With Prejudice, immediately upon and commensurate with the execution by the parties of this Agreement. 7. SOUTHERN further agrees to relinquish and waive any claim that it has or had to the remainder of contract funds from the Project that CITY has sought to interplead into the Court Registry. 8. SOUTHERN further agrees and does hereby assign to CITY all of SOUTHERN's rights, causes of action, whether at law or in equity, and claims that SOUTHERN may have against Contractor, in any way relating to or arising from the intersection median improvements on 17-92 located within the City of Casselberry, including but not limited to, a contract action arising from SOUTHERN's contract with Contractor. This constitutes a general assignment to CITY of all rights, causes of action, whether at law or in equity, and claims that SOUTHERN may have against Contractor, in any way relating to or arising from the intersection median improvements on 17-921ocated within the City of Casselberry, even if such claims are in excess of the settlement amount paid by CITY to SOUTHERN pursuant to this settlement agreement. 9. Each of the signatories hereto represents and warrants that he, she or it and the party on behalf of which such signatory has signed below has full power and authority to enter into this Agreement. 10. This Agreement shall be binding upon and inure to the benefit of its employees, officers, directors, executors, administrators, personal representatives, heirs, successors and assigns of each party. 11. In entering into this Agreement, the parties represent that they have relied upon the legal advice of their attorneys, who are the attorneys of their own choice, and that the terms of this Settlement Agreement and Release have been read and are fully understood and voluntarily accepted by each party.