Township Council Meeting — Agenda

5. Dismissal with Prejudice. (a) RELEASOR shall execute the Stipulation of Dismissal dismissing the Civil Action with prejudice and without costs annexed hereto as Exhibit “A”. Upon Township Council approval of this RELEASE and full execution of same, the Parties agree that RELEASEES shall be authorized to file a Stipulation of Dismissal concerning the Civil Action and the pending Civil Action shall be dismissed with prejudice. 6. Open Public Records Act. The Parties recognize that the provisions of the Open Public Records Act shall apply to this Agreement. 7. Township Council Approval. This Release and Settlement Agreement is subject to approval by the Township Council of the Township of West Orange. 8. No Admission. The consideration provided, or to be provided, hereunder is not an admission of liability of any violation of any state, local or federal law by the RELEASOR, but instead is made to avoid the burden, expense, delay and uncertainties of litigation. RELEASEES expressly disclaim and deny any and all liability to RELEASOR. RELEASOR does not purport to be the prevailing party in this litigation. RELEASOR acknowledges and agrees that all allegations against the RELEASEES remain disputed, inconclusive and denied. There has been no finding by any court or agency that RELEASEES have violated any law. 9. RELEASOR agrees that, should any provision of this Release and Settlement Agreement require interpretation or construction, that the entity interpreting or construing this Release shall not apply a presumption against one party by reason of the rule of construction that a document is to be construed more strictly against the party who prepared the document. To the extent not preempted by federal law, this Release and Settlement Agreement and any claim or dispute arising out of or related to this Release and Settlement Agreement or the transactions 3