wrongdoing as to each and every claim which has been or which may have been asserted against
it.
7. Covenant Not to Sue. The parties acknowledge that bringing any action in any
venue for claims released in Paragraphs 2, 3 and 5 above will be a breach of this Agreement and,
the parties covenant not to bring any such claims. In the event that any party does bring an action
in violation of this Agreement, the lawsuit or claim will be immediately dismissed; and,
notwithstanding the fact that the terms of this Agreement shall otherwise remain in full force and
effect, the party that initiated the legal action will pay to the other party all of the costs, expenses,
and attorney fees incurred in defending against such a lawsuit or claim.
8. Consultation with Counsel. In executing this Agreement, the parties acknowledge
that they have been advised to consult with counsel, and that they have executed this Agreement
knowingly, voluntarily and without undue influence or duress. The parties expressly consent to
each and every term and provision of this Agreement.
9. Integration Clause; Amendment, Governing Law. This Agreement contains the
complete, final, and exclusive embodiment of the entire understanding between the parties. This
Agreement is entered into without reliance on any promise, representation, agreement or
understanding, oral or written, between and among the parties relating to the subject matter of
this Agreement, other than those expressly contained herein. No amendment of this Agreement
shall be valid or effective unless made in writing and executed by the parties hereto subsequent
to the Effective Date of this Agreement. This Agreement shall be enforced in accordance with
the laws of the State of New Hampshire, and the Parties agree that any litigation to enforce the
provisions of this Agreement will take place in the Superior Court, Hillsborough Southern
District, New Hampshire. In the event of litigation regarding this Agreement, the parties
expressly submit to the jurisdiction of the state courts located in New Hampshire.
10. Costs and Fees. Except as specifically set forth herein, the parties will bear their
own costs, expenses, and attorneys’ fees, whether taxable or otherwise, incurred in or arising out
of or in any way related to the matters released herein.
11. Construction. The parties acknowledge that they each had an equal opportunity to
control the language in this Agreement, and that this Agreement was mutually drafted. The
parties agree that in no event shall this Agreement be presumptively construed against any party.
12. Severability. If any portion of this Agreement is void or deemed unenforceable
for any reason, the remaining portions shall survive and remain in effect, with any necessary
modification to become a part hereof and treated as though contained in this original Agreement.
13. | Countersignatures. This Agreement may be signed in counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute but one and
the same instrument.
Environmental Indemnity and Release Agreement
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