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wrongdoing on the part of Valdez or the Released Parties, or any of them, nor shall they be admissible as evidence in any proceeding other than for the enforcement of this Agreement. 16. Enforcement. In the event that any Party to this Agreement institutes any action or proceeding to enforce this Agreement,any of the provisions or terms of this Agreement or for a declaration of rights pertaining to this Agreement,the prevailing party in that action or proceeding shall be entitled to recover all of the reasonable attorneys'fees and costs incurred by her/it in that action or proceeding. 17. Right to Consult an Attorney. The Parties are hereby advised in writing of their right to consult an attorney regarding this Agreement,and are hereby advised of a reasonable time of not less than 5 business days in which to do so. If the Parties decide not to use all 5 business days, the Parties do so knowingly and voluntarily,without inducement by the other Party. The City has not made any representations or threats to withdraw or alter the terms of this Agreement prior to the expiration of 5 business day period, or offered to provide different terms to Valdez if Valdez signs this Agreement prior to the expiration of the 5 business day period. 18. Acknowledgment. The Parties have read this Agreement, have the authority to sigh it, fully understand the contents of this Agreement,freely,voluntarily and without coercion enter into this Agreement,and are signing it with full knowledge that it is intended,to the maximum extent permitted by law, as a complete release and waiver of any and all claims. 19. Severability. In the event any provision of this Agreement is held to be void,null or unenforceable,the remaining portions shall remain in full force and effect. 20. Modification. This Agreement cannot be modified in any respect except in a written instrument signed by both Parties. 21. Entire Agreement. This Agreement sets forth the entire agreement between the Parties hereto,and fully supersedes any prior agreements or understandings between the Parties, except for any confidentiality agreements between the Parties,which shall remain in full force and effect. 22. No Reliance. The Parties have not relied on any representations,promises, or agreements of any kind made to them in connection with their decision to accept this Agreement, except for those set forth in this Agreement. 23. Interpretation. Any uncertainty or ambiguity in the Agreement shall not be construed for or against any Party based on the attribution of drafting to any Party. 24. Writings on any settlement checks or wire transfers that are inconsistent with this Release shall be deemed null and void. 49 5- -6886.1 7 of 9 JV ity's Initials Valdez's Initials