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IVA <br />V <br />VI <br />VII <br />VIII. <br />or proceeding promptly reimbursed by the non -prevailing <br />party. <br />ATTORNEY'S FEES AND COSTS. The Defendant shall pay the <br />Plaintiff's counsel, Schwartz Zweben & Slingbaum, LLP., the sum of <br />$325.00 (Three Hundred Twenty Five Dollars), within ten days of the <br />Plaintiff's execution of this Agreement. <br />FAILURE TO ENFORCE. Failure by any one of the parties to enforce this <br />entire Stipulation for Settlement or any of its provisions with regard to any <br />deadline or any other provision contained herein shall not be construed as <br />a waiver by that party of any right to do so. <br />DISCLOSURE. <br />A. The signing and execution of this Stipulation for <br />Settlement shall also constitute an agreement by the <br />Defendant and the Plaintiff and any of their parents, <br />subsidiaries, officers, assigns, representatives, and <br />agents thereof that this is a public agreement. A copy <br />of this document or any information contained in it <br />may be made available to any person. <br />B. The <br />parties shall <br />request <br />the <br />dismissal of <br />this matter <br />with <br />prejudice, <br />subject <br />to <br />the Court <br />retaining <br />jurisdiction for enforcement purposes. <br />TIME IS OF THE ESSENCE. The parties further agree that time is of the <br />essence in all respects regarding this Stipulation of Settlement. <br />AUTHORITY AND POWER OF DEFENDANTS. The Defendant <br />stipulates and represents that it has the power and authority to execute <br />and deliver this Stipulation for Settlement and to perform its obligations <br />hereunder. <br />IX. CONTINUING OBLIGATION. It is the intention of the parties that, if the <br />property is sold or transferred prior to the completion of all the obligations <br />set forth herein, any purchaser or successor in interest shall be required to <br />undertake all of the obligations as set forth herein. <br />N <br />