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Mutual Release and Settlement Agreement Page 6 i 11 11 1 11 u Boulder County Clerk, CO AG 2773464 Page: 6 of 43 05/02/2006 02:0BP R 216.00 D 0.00 law turn out to be different than each party hereto knows or believes them to be as of the date hereof. 19. Acknowledgment of Legal Advice. The Parties agree and acknowledge that they enter into this Agreement after consultation with their attorneys, that their attorneys have explained the terms of this Agreement, and that they fully understand and voluntarily accept the terms of this Agreement. 20. Counterparts. This Agreement may be executed in counterparts and by facsimile, each of which shall be deemed an original, but all of which together shall constitute an agreement. 21. Rule of Construction. The Parties and their respective counsel have reviewed this Agreement and agree that any rule of construction that would require an ambiguity, if any, in this Agreement to be construed against the drafter shall not be employed in the interpretation of this Agreement. 22. Use of Headings. The Parties agree and acknowledge that all headings contained in this Agreement are used solely for the convenience of the Parties and are not to be interpreted as part of this Agreement. 23. Successors. This Agreement shall be binding upon and inure to the benefit of, and be enforceable by, the Parties and their respective successors, administrators, trustees, executors and assigns. 24. Authority of Signatories. The City represents that the individual signing this Agreement on behalf of the City has been duly authorized to sign this Agreement on behalf of the City. Each of the Sawyers and Ehrmanns represent that they have the authority to sign this Agreement. 25. Approval by City. The Sawyers and the Ehrmanns acknowledge that this Agreement and the Vacation Ordinance, the Grant of Easements and Agreement, and Quit Claim Deeds to be executed by the City must be approved in public hearings and/or meetings and that this Agreement is contingent upon those approvals. WE, THE UNDERSIGNED, HEREBY CERTIFY THAT WE HAVE READ THIS ENTIRE MUTUAL RELEASE AND SETTLEMENT AGREEMENT AND HAVE HAD THE TERMS USED HEREIN AND THE CONSEQUENCES THEREOF EXPLAINED BY OUR RESPECTIVE ATTORNEYS. WE FULLY UNDERSTAND ALL THE TERMS AND CONSEQUENCES OF THIS MUTUAL RELEASE AND SETTLEMENT AGREEMENT AND BASED UPON SUCH, EXECUTE IT.