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FEB - 26 - 2004 15 : 03 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 2 <br /> SETTLEMENT AGREEMENT 0 ` r o g go <br /> This Settlement Agreement ("Agreement") is entered into by and between Plaintiffs <br /> ACCESS NOW, INC. and ROLA.ND W. GRADY ("Plaintiffs'), and Defendants LOS <br /> ANGELES DODGERS, INC., DODGERTOWN, INC., HARRISON CONFERENCE <br /> SERVICES OF FLORIDA, JNC., and INDIAN RiVER COUNTY ("Defendants") (all <br /> parties collectively referred to as the "Parties"). This Agreement shall be effective on the date <br /> that its execution is completed by all the parties hereto ("Effective Date") . <br /> RECITALS : <br /> WHEREAS , Plaintiffs have filed an civil action against the Defendant styled Access <br /> Now, lne. and Roland W. Grady v los Angeles Dodgers, Inc. , Dodgertown, Inc. , Harrison <br /> Conference Services of Fo lorida, Inc. , and Indian River County, Care No. : 01 - 14259- CIV- PAI1VE <br /> (the "Action' ) which asserts claims that the Defendants are liable for alleged violations of Title <br /> III & II of the Americans with Disabilities Act ("AAA "), 42 U . S . C . § § 12181 et seg . , at various <br /> properties described in the amended complaint which is collectively known as Dodgertown and <br /> located in Vero Beach , Florida (the "Property ) ,- <br /> WHEREAS, <br /> Property ) ;WHEREAS, the Defendants have denied any and all liability and wrongdoing with <br /> respect to the Plaintiffs ' claims in this Action , but seek settlement for the sole purpose of <br /> reducing their legal expenses associated with. the defense of this Action; <br /> WHEREAS, subject to the terns of this Agreement, Plaintiffs and Defendants have <br /> agreed to settle this Action and resolve any and all disputes between and among them; <br /> NOW THEREFORE, in consideration of the mutUal covenants and promises contained <br /> herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby <br /> acknowledged by the Parties, the Parties agree to be legally bound by the following tenns and <br /> conditions which constitute full settlement of this Action : <br /> 1 , Recitals : The Parties acknowledge that all of the "WHEREAS" clauses <br /> preceding paragraph 1 are incorporated as material parts of this Agreement . <br /> 2 , No Admission of Liability: Plaintiffs agree and acknowledge that this <br /> Agreement (including any of its discrete sub-parts) is not and shall not be construed as an <br /> admission by the Defendants (or any person or entity acting on their behalf) of any liability or <br /> any act of wrongdoing whatsoever, including without limitation, any violation of ( 1 ) any federal, <br /> state or local law , statute, regulation, code or ordinance; or (2) of any legal , common law or <br /> equitable duty owed by the Defendants to anyone. <br /> 3 . Readily Achievable Standard : The Parties agree that the Property is a pre-ADA <br /> public accomi-nod.ation which is subject to the ADA' s readily achievable standard, andthus, all <br /> alterations and/or modifications required by this Agreement need only satisfy that standard . To <br /> the extent that this Agreement references specific ADAAG code sections, these references are <br /> solely for guidance where readily achievable. <br />