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4 . Right of Inspection : Defendants agree to complete all alterations and
<br /> modifications required under this Agreement within two (2) years of its Effective Date unless
<br /> otherwise noted herein . To verify the completion of the work required hereunder, Plaintiffs '
<br /> representatives) shall be provided reasonable access to the Property pursuant to the following
<br /> terms: ( I ) upon the completion of the alterations specified in this Agreement, Defendants shall
<br /> provide written notification to Plaintiffs' counsel ; (2 ) upon receipt of that notification, the
<br /> Plaintiffs will have the right to inspect the Property to verify completion if, and only il; they first
<br /> give the Defendants written notice of their intent to inspect the Property. Plaintiffs ' right of
<br /> inspection will be waived if Plaintiffs fail to provide Defendants with written notice of the intent
<br /> to inspect within 30 days of the receipt of Defendants' notification of completion . Plaintiffs '
<br /> right of inspection will also be waived if they give timely written notice of their intent to inspect
<br /> but fail to complete their inspection within 30 days of their notice _ "Notice" shall conform to the
<br /> terms specified in paragraph 11 , below .
<br /> 5 . Attorney 's Fees : The Parties stipulate that the ADA provides for attorneys fees
<br /> and costs to a prevailing party, and the Parties recognize that the issue of entitlement to fees and
<br /> costs can only be determined by the Court after the issue has been fully litigated . However, the
<br /> Parties also recognize and agree that any dispute over costs and fees will not hinder or delay the
<br /> settlement of this Action. Rather, the Parties by this Agreement will settle all substantive issues
<br /> in this Action except for the issue of entitlement to costs and fees which will be resolved by the
<br /> Court. By entering into this Agreement, the Defendants do not admit and expressly deny ( 1 ) that
<br /> they have violated the ADA ; ( 2 ) that they have any liability under the ADA as stated
<br /> in
<br /> paragraph 2 of this Agreement; and (3 ) that the Plaintiffs are a prevailing party under the ADA .
<br /> 6 . Release : In consideration of the Defendants' obligations under this Agreement,
<br /> Plaintiffs and their legal representatives, agents, associational members, administrators, parents,
<br /> subsidiaries , affiliates , successors and assigns (collectively referred to as the "Releasor") hereby
<br /> remises, releases, acquits, satisfies, and forever discharges the Defendants and their heirs,
<br /> executors , administrators, partners, members, managers, agents, servants, employees , legal
<br /> representatives, successors, assigns, officers, employees, and affiliates (collectively referred to as
<br /> the "Releasees' ) of and from any and all actions, causes of action, suits , debts , dues, sums of
<br /> money, accounts, reckonings , bonds, bills, specialties, covenants, contracts, controversies,
<br /> agreements, promises, variances, trespasses, damages, judgments , executions , claims, demands
<br /> and liabilities whatsoever specifically related to the Property, whether known or unlanown. or
<br /> suspected to exist by anyone and whether statutory, in. law or in equity, which the Releasor ever
<br /> had, now has or may now have against the Releases specifically related to the Property for or by
<br /> reason of any matter, cause or thing whatsoever specifically related to the Property, from the
<br /> beginning of the world to the Effective Date of this Agreement, including without limitation any
<br /> claims : ( 1 ) asserted in this Action ; and (2) under Title IT and Title III of the ADA, the Florida
<br /> Accessibility Code or any administrative, regulatory, or common law relating to access for
<br /> persons with disabilities at the Property covered by this Agreement, with the exception of actions
<br /> for the enforcement of this Agreement.
<br /> 7 . Joint Stipulation of Dismissal with Prejudice : Upon execution of this
<br /> Agreement by all Parties, the Parties ' respective counsel will execute the Joint Stipulation of
<br /> Dismissal with Prejudice attached as Exhibit "A" hereto and file it with the Court .
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