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4. After this Agreement has been executed and Ansola has paid the entire agreed administrative civil <br /> penalty of $20,000 to the City, the City will indicate to the City Prosecutor's Office that it no <br /> longer wishes to pursue the criminal complaint filed in Eugene Municipal Court entitled City of <br /> Eugene v. Max Ansola, Jr., Case No. 99- 19984. The City will further request that the City <br /> Prosecutor's Office dismiss this complaint, which the City Prosecutor's office has agreed to do <br /> under these circumstances. <br /> 5. The Parties, on behalf of themselves, their heirs, assigns, successors, agents, insurers and any other <br /> acting on their behalf, agree that this Settlement Agreement is a full compromise, settlement and <br /> satisfaction of, and sole consideration for the final release and discharge of, all actions, claims and <br /> demands whatsoever that now exist or may hereafter accrue based on the alleged violations set <br /> forth in the Notice of Violation Eugene Code 6.300 — 6.330. <br /> 6. The undersigned Parties warrant that no promise or inducement has been offered except as herein <br /> set forth; that this Settlement Agreement is executed without reliance upon any statement or <br /> representation by the persons or entities released, or their representatives, concerning the nature and <br /> the extent of the potential penalties or the legal liability therefor; that each of the undersigned is <br /> of legal age, legally competent and authorized to execute this Settlement Agreement and accept full <br /> responsibility therefor. <br /> 7. This Settlement Agreement is executed solely for the purpose of resolving disputed allegations. <br /> This Settlement Agreement does not constitute an admission of liability, nor does it constitute an <br /> admission of disputed facts. <br /> 8. This Settlement Agreement is governed by the laws of the State of Oregon.. <br /> 9. Should it be necessary for any Party to this Settlement Agreement to bring an action to enforce this <br /> Settlement Agreement, the Parties agree that any such action will be brought in the Circuit Court <br /> of the State of Oregon for the County of Lane. The Parties further agree that should it be necessary <br /> for any Party to this Settlement Agreement to bring an action to enforce this Settlement Agreement, <br /> the prevailing party to such an action shall recover its reasonable attorney fees, expenses and costs, <br /> both on trial and on appeal. <br /> THE CITY OF EUGENE <br /> By: Date: <br /> Robert J. Lankston, <br /> Public Works Maintenance Director <br /> Date: <br /> Max Ansola, Jr. on his own behalf <br /> and on behalf of Ram, Inc. <br /> SETTLEMENT AGREEMENT Page 2 <br />