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or arising out of the violations/claims identified in the recitals set forth in this Agreement. Nothing in this
<br />agreement shall be construed to waive or limit any fees assessed pursuant to District Regulation III or any
<br />RECLAIM allocation reduction that is imposed pursuant to District Regulation XX.
<br />4. No Admission of Liability. The agreements, statements, pleadings, and actions stated in
<br />or taken pursuant to this Agreement are made for the purpose of compromising and settling these matters
<br />amicably, in the spirit of conciliation, and to avoid protracted and expensive litigation. Nothing contained
<br />in this Agreement shall constitute or be construed, considered, offered or admitted, in whole or in part, as
<br />evidence of an admission or evidence of fault, wrongdoing, liability or violative conduct by any Party or
<br />its respective present or former officers, directors, agents, employees, servants, affiliates, contractor,
<br />attorneys, shareholders, successors -in -interest, predecessors -in -interest, subsidiaries, parents, and assigns,
<br />in any administrative or judicial proceeding or litigation in any court, agency, or forum whatsoever.
<br />5. Compliance with Existing Laws and Regulations. Nothing in this Agreement shall be
<br />construed to limit or excuse SAPD's duty to comply with all applicable laws and regulations with regard
<br />to SAPD's operations within the jurisdiction of the District.
<br />6. Remedies for Breach. In the event that SAPD fails to timely make the payment required
<br />in paragraph 2 above, or fails to comply with any other material obligation required by this Agreement, the
<br />District has the right to elect to deem this agreement null and void and commence and prosecute litigation
<br />based upon the alleged violations set forth in Notice of Violation P73958, and the District shall be entitled
<br />to seek all appropriate relief, including civil penalties and other remedies such as injunctions to the
<br />maximum extent allowable under the law.
<br />7. Waiver of Certain Defenses. If the District commences litigation against SAPD pursuant
<br />to paragraph 6, above, SAPD hereby waives any defense or claim based upon the applicable statute of
<br />limitations, laches, waiver, and/or estoppel to the extent such a defense arises after the Effective Date of
<br />this Agreement.
<br />8. Warranty of Authority. Each of the Parties hereto represents and warrants that it has the
<br />full power and authority to enter into this Settlement Agreement and that the signatories to the Agreement
<br />have been duly authorized to execute the Agreement on behalf of the entities identified below.
<br />9. Successors and Assigns. This Agreement shall be deemed to obligate, extend to, and inure
<br />to the benefit of the Parties to the Agreement, and the legal successors, assigns, transferees, grantees, and
<br />heirs of each such Party, including those who may assume any or all of the capacities described herein,
<br />10. Entire Agreement. This Agreement contains the entire Agreement of the Parties with
<br />respect to specific matters covered by this Agreement, and no other agreements, statements or promises
<br />made by any Party or made to any employee, officer, or agent of any Party, shall be valid or binding with
<br />respect to said matters. This Agreement supersedes all prior proposals, agreements, and understandings
<br />between the Parties and may not be changed or terminated orally, and no change, termination, or attempted
<br />waiver of any of the provisions hereof shall be binding unless in writing and signed by the Party against
<br />whom the same is sought to be enforced.
<br />11. Recital Incorporation. The Recitals are made a part of this Agreement as if they were
<br />fully written herein.
<br />12. Enforceability. Nothing herein shall be deemed to limit or preclude the right of the District
<br />to seek civil penalties, injunctive or any other legal or administrative relief allowed by law for any other
<br />violations of District rules or any other applicable regulations or law.
<br />City of Santa Ana Police Department- Settlement Agreement Page 2 of 4
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