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<br />4. Total Remuneration: The foregoing consideration is the entire amount to be given to Sheehy <br />as payment for condemnation of the subject property. <br /> <br />a. The City shall have no further liability to Sheehy or his counsel, including but not <br />limited to, any claims or payments for attorneys' fees, costs or disbursements. <br /> <br />b. Sheehy shall have no further liability to the City or its counsel, including but not <br />limited to, any claims or payments for attorneys' fees, costs or disbursements. <br /> <br />5. Dismissal of Action. In further consideration of the compensation paid by the City in <br />exchange for the subject property, and the parties agree to dismiss their actions. <br /> <br />a. Pursuant to Minn.R.Civ.Pro. 41.01, Sheehy hereby dismisses its appeal of the <br />Condemnation Action against the City, with prejudice. By this dismissal, no legal <br />action by Sheehy remains with the Courts against the City. <br /> <br />b. Pursuant to Minn.R.Civ.Pro. 41.01, the City hereby dismisses its appeal of the <br />Condemnation Action against Sheehy, with prejudice. By this dismissal, no legal <br />action by the City remains with the Courts against Sheehy. <br /> <br />6. Invalidity. In case anyone or more of the provisions of this Agreement shall be held invalid, <br />illegal or unenforceable in any respect, the validity, legality and enforceability of the <br />remaining provisions contained in this Agreement will not in any way be affected or <br />impaired thereby. <br /> <br />7. Entire Agreement. The terms of this Agreement attached hereto supersede and terminate any <br />and all prior oral and/or written agreements and communications between the parties. The <br />parties agree that this Agreement contains all of the agreements between them, and that they <br />have no other written or oral agreements. <br /> <br />8. Voluntary and Knowing Action. The parties acknowledge that they have had sufficient <br />opportunity to review their claims, and this Agreement with their attorneys, that they have <br />read and understand the terms of this Agreement, and that they have voluntarily and <br />knowingly entered into this Agreement to resolve any and all charges, claims, demands or <br />causes of action which they now have or may have with respect to each other. <br /> <br />9. Governing Law. This Agreement will be construed and interpreted in accordance with <br />applicable federal laws and the laws of the State of Minnesota. <br /> <br />3 <br /> <br />w. <br />