2003-07-02_REVISION - M1977534 - Laserfiche WebLink

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JUL-01-2003 09:38 DUNCRN,OSTRANDER&D[NGESS 303 779 3662 P.13i16 payments obtained by Eauick from the lessors under the Emrick Lease as a pan of any settlemeat between Emrick and such lessors. If such payment(s) are received by Emrick a8er its receipt of the Payment, then Emriek shall promptly refund to Golden the amount that the Payment would have been reduced by if the payrncat to Emriek from the lessors had been made prior to Goklen's payment of the PaymeaL 5. Con t R Condemnation. Enaick w~l consent to Golden's Motion fez Immediate Possession pending in the Condemnation Action; provided, however, that the parties acknowledge that Emrick wrli continue to have access to the premises through May 31, 2003 in accordance with the provisions of Section 1 above. Emrick also waives any right to receive soy of the proceeds resulting from the Condemnation Actioa or a~ other payments from Golden and agrees that the Payment is complete and fatal settlement and satisfaction ofa~+amouats that might otherwise be recoverable by Emrick from Golden is connection with the Condemnatioa Action or Emrick Lease. Simultaneously with the receipt of the Payment, Emrick will execute and provide Golden a disclaimer of interest in any of the compensation to be paid in the Condemnation Action. Emrick will execute and provide to Golden a~+ other documents reasonably requested by C3olden to implement the provisions of this Section 5. 6. Mutual Release. Golden hereby releases Emrick and Emrick's agents, officers anII employees, and Emrick hereby releases Golden, and Golden's agents, council members aad employees, from arry and a([ claims, liabilities, and/or causes of action that the releasing party may have, or may rtt the future come to have, relating to or arising out of the Emrick Lease and/or Golden Lease, save and except only those obligations aad indemnifications specifically agreed to . by the parties in this Settlement Agreement. This release is intended to include claims now . existing or hereafter arising, known or unknown, contingent or liquidated. The parties hereby assume the risk that the facts are or may become ditfercnt than they currently believe. 7. Settlement with Lessors. Emrick shall be free to pursue a settlemeat of Emrick's cleans against the lessors related to the Emrick Lease provided that (a) any payment received by Emrlck from the lessors shall reduce the amount of Golden's Payment to Emrick to the extent and as desrn'bed in Section 4 above, and (b) in any such settlement, the lessors must acknowledge that the Emrick Lease is subordinate to the Golden Lease and terrainatc the Emrick Lease, except for the Assumed Emrick Lease Obligations. To the extent that any such claims remain, Emrick hereby assigns to Golden any all claims and/or causes or action Emrick may now or in future have against Sally Buckland, Qlenda Guanella, and/or their heirs, successors or assign, relating to or arising out of the Emrick Lease. Emrick agrees to cooperate is any action brought by Golden to pursue the assigned claims, including providing truthful testimony at any deposition, hearing or trial related thereto. Emrick will, upon wrrttten request from Golden, provide Golden a copy of its complete Sle concerning the Emrick Lease, excepting only any attorney-client communications between Emrick and its attoraeys. 8. Miscellaneous, This Settlement Agreement constitutes the complete agreerr>ent of the parties and all prior negotiations or agreements aze merged herein. This Settlement Agreement cannot be modified or amended except by a document specifically referring to this -3- MB6677