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Home My WebLink AboutWest Group ~JUH.ES.E001 Q 8:53~M CaPme1 C:l~,M Lain ne '~. DeFartment-~of Law - 2001 Appropriation No. 430-4~200 Appropriation No. 440-69000 APPROVED, AS lO Contract Not To Exceed $6,385.00 FO~ ~: SET~EM~T ~ND G~E~ ~L~E ~is SE~LEMENT AGUEgENT AND G~L ~LEASB (~ "Ag~emenf') is made as of this L ~y of June, 2o01. by a~ ~n the ClW of Cam~, India, ~flng by and ~ough Board of Public Wor~ ~ SafeW ("C~l") and West Gwup, Pedeml ~mployee Iden~fica~on No. 41- 1426973, which has a co~omte oMce I~amd at 610 Oppc~an Drive, Bagan. ~ ]5123 ('*West"). !. pMCITA5 1. Camel ex~uted a Subsc~bff A~cmcnt f~ ~ pwviaion of Westlaw ~d CD-~M Libr~cs se~iccs to the Cam=] CiW At~mey's Office (the '*West AFeemenf') on Dec~h~ 16, 1998. 2. h addition, Camel p~chmned ~m West ~ hdiana Code. with ouc year of updaWs. for Six Hundred Dollan ($500,00), ~t ~m~ u~es w ~ ~ed by ~ pem~t (50%) ~ long ~ the West ~r~ment ~mined in 3. On Octobff 3, 2~0, DoUglas EMey. Ca~e] ~W ARoma, m~i~d v~ f~s~ile and mail a loner to West m~in~ ~e W:st A~cm ~d ~ I~iana Co~ ~e se~ice ~d mqu~g a ~1 billing on ~escs accounm ("Acct. No. 328-519-228" and "A~t. No. 999-775-385"). 4. ~e bal~ce for Account NO, 328-519-~8, as r~o~ by We~ ~$ Seven ~ousand Three H~d~d Tw~W-~ee ~llm ~d Bi~W-One C~B ($7.323.8 ] ) for Wc~aw seneca. and for Account No, 9~-775- 385, in Six Hund~d EighW-Five DollaM and S~ Sev~ C~ ($685.67) ~r hdiMa C~e and se~i~s, for a total b~anc= allegcdly du: ~ owing of Eight-~om~ Nine ~llan and Fo~-Eight Cenm ($8,~9.~) (~]l:ctively t~ "West ~m"). 5. C~ci ~s~ ~ons oft: W~ Cla~. 5, In or~r m avoid the cos~ c~c and u~minW of H~ga~on, ~d to act u ~st any chims which have becn made or could ~ made rc~r~ te Westlaw A~ement astor ~e West Claim, ~he pames now dMire to ~l]y ~le this maRcr on ~e t~ set ~ h~cin. H. ~S O~ SE~LE~NT 7. In considershen of ~e pa~t by C~cl m West of ~ sum of Six Thousand ~me Ei~W-Five Dollm ($6,385.~), WMt a~ tat ~h p8~cnt s~ll constitute ~11 ~d final sa~s~ction ~c West ~m ~d deny ~d ~l claim which WMt ~s. ha~ or may ~vc agm~ ~el as a ~lt West A~emcn~ the West Clni~ Ca~cl's W~w usage, ~ ~ia~ ~dc ~d ~lcm~, the ~b~ ~d ~-ROM aeries. astor a~ ot~ s~i~s prodded ~ WM to A~o~t No. 328-519-228 ~or Account No. 9~-775-3B5. 8. Paymeal of ~c ~ount sm~d a~ve ($6.S8~.~) MI bc made by Camel in ~o (2) pa~enm. ~c fi~t pa~cnt shall be m~e in lhe mo~t of Four~ous~ DoBars (S4,~0.00) on erbcfo~ HO. 889P. 2/4 · 08 O/O/, OS 1'10,889 P. 3/4 ' ' ~JUH.25.2B01 (] 8:54l~hl Carreel Clt~ Law l]ep~. ~1~-5~1-~84 p,3 August I, 2001. The second and final paymum in the areaurn of Two Thousand Three Hundred Eighty-Five Dollars ($2,395.00) shall be made by Cam'tel on or before November I, 2001. 9. Carreel acknowledges that, uMil payment in full of the agreed settlement mount ($6,385.00) has bee~ made, thetz will be no services of any kind available ~r the Carreel City Attontcy's Offtee from West. West acknowledges that no sez~cc~ of any kind have been requested of West by the CanTLel Cat,/Attorney's Office. i0. West also acknowledges that the West/~c~ment ~ tetmlnated, effective October ) !, 2000, that Can~e]'s lndi~ma Cede sul~lement ~rvtce was tetmi~cd, effective De~embet 11. 2000, and [hat, upon performance by Cannel of tim terms and conditio~=i of this Agreement. the Cm'mc] City ,~tterney's Of/ice Account No. 328-519~228 sod Aceattar No. 999-775-385, will be paid in t'all and closed by West. II](. GE-NER4L l |. In consideration of the l~yment called for bet in ($6,3115.00), WeSt unconditionally acquits nod forever discharges the City of C..trmcl, its 1%tmyor, ot'i~cinls. officers, attorneys. I~ard members. employees. deparl~ent~, agents. rq,msentatives, predecessors and/or succeSsaTe in late'zest and all other persons actinic, through, under or in concert with them (collectively, the "lielessees") ~'om the West Claim and. any and all other chargus, claims, demands, lie, hLlitics, obligations, actions and causes of action o~ any kind, whether known or unlmowzt, titst have or my arise out of at as a result of the West Agreement, and/o~r the Carreel City Anorney's Office Westlaw usage, Indiana Code and ~uppJcmcnts att~d/or any other I~ry or CD~RO~ service provided pursuant to the West ~ment and/or to Account No. 3211-519-228 end/or Account No. ~9-77J- 385. This Release shall he 5ally binding and effeCttmtc a complete settlement between West and the P-.el~sces regarding the subject matter homer. IV. lillYPRESENTATIONS AND WA~NTIES t2. Both parties represent that they have relied upon the advice or [heir ow~ attorney concerning the legal consequences of this Agrnemcnt sod that the terms are htlly understood and voluntarily accepted by same withoist reliance upon any statement or reprcsenl~tion of the opposing party. 13, Both pardes wazrant that their signatories to this Agreement have the full power, ~pa~ity, debt and authority to execute, deliver and purr'ann this A~,reemcnt ~or and on behalf of the party they represent. ~4. West represents and warrants that it has not sold, assigned, tamsrotted, conveyed or otherwise disposed o[ nny part o~the clain~ released by thi0 Agreement m uny third patty. ~5. This Agreement constitutes the/ull and complete understanding and. agresmen~ or the pro'tics wi~ respect to the subject matt.~r covered in it, and ~uperccdes any and all prior agreements or umdet~.andlngs, wTitten or oral. between the patties regn.Tding same. No addition, ticlotion, or eme:~dment to this ARreemcnt shall have any ~o~ce or effect unless it is mudally agreed to in writing by both pan'is-' hereto. NO. B09 P. 4/4' "]UN.~5.~I~B1 I~ 8: .5.qR~ Car~eZ Cir.~9 La~u Dept. 31 7-~?1-2,18~ 16. It iS expressly understood and agreed by the parties that this Agrccmcm constimes a comprOmiSe or' disputed claims and that neither it nor any payment or reduction in demand regarding 8amc Mc or shall hc conslrucd as an admission of liability, fault or error by either the parties or P, clcasces, but is accomplished solaly fo~ The purpose of avoiding further costs and expenses, 17, This Agreetnent shUll be coasTcreed in accordance with the laws of The State of Indiana and all disputes concerning the inreq~etalion or implementation of this Agrement shall hc brought and concluded in a court Df competent jurisdiction in the Slam of Incliana. 18. This Agreement may be executed in two (2) t:ouaterparts, each of which shall constitute an original but both of which, taken together, shall constitute but one Agr~crocnt. 19. The parties hereto agree to cooperate ~llly and to execute any and all supplcmcntary documents and to trice all additional actions wl~ich may be necessary or appropriate in order m give l~ll £cwc and affect to the terms s~d intaM of this Agreement, SO AGREED, CITY OF CARMF, L, INDIANA, by and thro~IBh its Board of Public Wurks and Safety WEST GROUP 3