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<br />16 <br /> <br /> <br />constitute an original counterpart hereof. One or more counterparts of this Agreement may <br />be signed by electronic signature. <br />J. Good Faith and Voluntary Entry. Each Party warrants and represents that it negotiated the <br />terms of this Agreement in good faith. Each of the Parties and signatories to this Agreement <br />warrants and represents that it freely and voluntarily entered into this Agreement without <br />any degree of duress or compulsion. The Parties state that no promise of any kind or nature <br />whatsoever (other than the written terms of this Agreement) was made to them to induce <br />them to enter into this Agreement. <br />K. No Prevailing Party. The Parties each agree that they are not the prevailing party in this <br />action, for purposes of any claim for fees, costs, or expenses as prevailing parties arising <br />under common law or under the terms of any statute, because the Parties have reached a <br />good faith settlement. The Parties each further waive any right to challenge or contest the <br />validity of this Agreement on any ground, including, without limitation, that any term is <br />unconstitutional or is preempted by, or in conflict with, any current or future law. <br />L. Non-Admissibility. The settlement negotiations resulting in this Agreement have been <br />undertaken by the Parties and by certain representatives of the Participating Subdivisions in <br />good faith and for settlement purposes only, and no evidence of negotiations or discussions <br />underlying this Agreement shall be offered or received in evidence in any action or <br />proceeding for any purpose. This Agreement shall not be offered or received in evidence in <br />any action or proceeding for any purpose other than in an action or proceeding arising under <br />or relating to this Agreement. <br />M. Severability. If any provision of this Agreement—excepting Section IV (Release), Section V <br />(Monetary Relief and Payments), Section VII (Participation by Local Governments), Section <br />IX (Attorney Fee and Cost Payments), Section XI.B (Nature of Payment), and Section XI.C <br />(Tax Reporting and Cooperation)—were for any reason held to be invalid, illegal, or <br />unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect <br />any other provision of this Agreement. <br />N. Notices. All notices or other communications under this Agreement shall be in writing <br />(including but not limited to electronic communications) and shall be given to the recipients <br />indicated below: <br />For Janssen: <br /> <br />Charles C. Lifland <br />Daniel R. Suvor <br />O’Melveny & Myers LLP <br />400 South Hope Street, 18th Floor Los Angeles, CA 90071 <br />Phone: (213) 430-6000 <br />clifland@omm.com <br />dsuvor@omm.com <br /> <br />