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obligations, liabilities, promises, acts, agreements, rights, damages, losses, attorneys' fees, or other
<br />relief of any kind or character, whether known or unknown, suspected or unsuspected, asserted or
<br />unasserted, whether at law or in equity, which the County now has or may hereafter accrue,
<br />including but not limited to those that arise from or out of, are connected with, relate to, or in any
<br />way involve, directly or indirectly, the Project, the Notice of Award, the Bid, or the Bid Bond.
<br />Notwithstanding the foregoing, this release shall not extend to future claims for breach of this
<br />Agreement, in the event that Ahtna does not timely tender the Settlement Payment.
<br />10. The running of time with regard to the Statute of Limitations, estoppel, laches, or
<br />any other defense to the claims based on the passage of time (collectively, the "Time Defenses")
<br />shall be tolled beginning as of the Effective Date of this Agreement. The running of time with
<br />regard to the bringing of any counterclaim by Ahtna shall likewise be tolled beginning as of the
<br />Effective Date of this Agreement. All such tolling shall end upon the payment by Ahtna of the
<br />amount due under Paragraph 2 of this Agreement.
<br />11. Each Party shall be responsible for its own attorney's fees and costs incurred in
<br />connection with the matters covered by this Agreement.
<br />12. This Agreement shall be binding upon and inure to the benefit of the Parties who
<br />sign the Agreement, except that no Party may assign, delegate, or transfer its rights or obligations
<br />under this Agreement without the prior written consent of the other Parties. Great American
<br />Insurance Company is an intended third -party beneficiary of this Agreement as to the
<br />representations and indemnity obligations referenced in paragraph 5, and the Released Parties
<br />(including Great American Insurance Company) are intended third -party beneficiaries of this
<br />Agreement as to the releases and indemnity obligations referenced in paragraph 9.
<br />13. This Settlement Agreement constitutes a complete resolution of all matters in
<br />dispute between the Parties. All prior discussions, negotiations, and agreements have merged
<br />herein and are of no further force and effect. No Party has made any representation, promise, or
<br />warranty to any other party, except as set forth in this Settlement Agreement.
<br />14. All of the Parties have participated in the drafting and preparation of this Settlement
<br />Agreement. Accordingly, no term or provision contained within this Settlement Agreement shall
<br />be more strictly construed against any one Party.
<br />15. This Settlement Agreement shall be deemed to have been executed and delivered
<br />within the State of Florida, and the rights and obligations of the Parties shall be construed and
<br />enforced in accordance with, and governed by, the laws of the State of Florida.
<br />16. This Settlement Agreement may be executed in counterparts, and when each party
<br />has signed and delivered at least one such counterpart, each counterpart shall be deemed an
<br />original, and when taken together with other signed counterparts, shall constitute one agreement,
<br />which shall be binding upon and effective as to all Parties. Facsimile or pdf signatures delivered
<br />via electronic mail shall be deemed originals for all purposes.
<br />17. Neither the failure nor any delay on the part of a Party to exercise any right, remedy,
<br />power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or
<br />partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of
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