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i <br /> j 9. Severability of Remaining Parts: Should any provision of this Agreement be declared or <br /> determined by any court to be illegal or invalid, the validity of the remaining parts, terms <br /> or provisions shall not be affected thereby and said illegal or invalid part, term, or <br /> provision shall be deemed not to be a part of this Agreement. <br /> 10. No Admissions: This Settlement Agreement is executed solely for the purpose of <br /> resolving disputed claims and allegations. This Settlement Agreement does not constitute <br /> ~ an admission of liability by either of the Parties hereto, nor does it constitute an <br /> admission of disputed facts. <br /> 11. Choice of Law: This Settlement Agreement is governed by the laws of the State of <br /> Oregon. <br /> 12. Action to Enforce: Should it be necessary for any Party to this Settlement Agreement to <br /> assert a claim to enforce this Settlement Agreement, the PartlES agree such claim shall be <br /> settled by binding determination of Arnold Gray and the Honorable Michael R. Hogan. <br /> The Parties further agree that should it be necessary for any Party to this Settlement <br /> Agreement to-assert a claim to enforce this Settlement Agreement, the prevailing party to <br /> <br /> i <br /> such an action shall recover its reasonable attorney fees, expenses and costs. <br /> 13. Entire Agreement: This Agreement sets forth the entire. agreement between the Parties, <br /> and fully supersedes any and all prior agreements or understanding between the Parties <br /> pertaining to the subject matter hereof. <br /> 14. Modifications: No modification of this Agreement shall be effective unless in writing <br /> and signed by the Parties to this Agreement. <br /> 15. Counterparts: The Parties agree that they may execute this Agreement in counterparts. <br /> 16. Faxed Signatures: The Parties agree that faxed and photocopied signatures are acceptable <br /> and binding. <br /> THE CITY OF EUGENE QWE5T CORPORATION <br /> B . ~ y~.._._- B <br /> y: y: <br /> ennis M. Taylor, City Mana r Randy . Hagedorn ice President <br /> of the City of Eugene of Qwest Corporation <br /> Date: <br /> ~ ~ ' b ~ Date: <br /> 00116257.DOC;1 <br /> Page 4 -SETTLEMENT AGREEMENT AND RELEASE <br /> _ _ <br /> <br />