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consent, in form and substance acceptable to the City Attorney, prior to the City's execution of <br />the Settlement. <br />18. Waiver of Rights to Contest or Appeal. Each of the parties to this Settlement <br />expressly waives their rights under any federal, state or local laws, rules, regulations, or <br />ordinances, or otherwise existing under common law to contest or appeal any agreement or <br />instrument attached as an exhibit to this Settlement, or any permit issued as a result of such <br />agreement or instrument. Nothing herein shall prevent a party from enforcing any agreement or <br />instrument against any other signatory to that document in accordance with the terms and <br />provisions of such document. Except as expressly set forth in this Settlement, City does not <br />waive its rights of sovereign immunity. <br />19. Valid Consideration. The parties hereto warrant, represent and acknowledge that <br />this Settlement is executed and delivered by the parties hereto for adequate consideration and <br />value and is valid, binding and enforceable in accordance with its terms. <br />20. No Duress. The parties hereto warrant, represent and acknowledge that they have <br />executed and delivered this Settlement without any duress or wrongful pressure whatsoever <br />imposed by any party hereto or by any other person or entity acting on behalf of or in connection <br />with any party hereto or by any independent third party, and that this Settlement has been <br />executed as the free act and deed of the parties hereto. <br />21. Benefit of Counsel. The parties hereto warrant, represent and acknowledge that <br />they have had ample time and opportunity to review the form of this Settlement prior to its <br />execution and delivery and that they have executed and delivered this Settlement following <br />adequate opportunities for full discussion with legal counsel. <br />22. Attorneys' Fees. Each party to this Settlement will bear its own attorneys' fees <br />and costs incurred in connection with this matter. <br />[signatures to follow] <br />5 <br />