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Reso 2014-2274
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Reso 2014-2274
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Last modified
1/8/2015 2:59:37 PM
Creation date
7/18/2014 3:34:52 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2274
Date (mm/dd/yyyy)
07/17/2014
Description
Settlement Agmt w/Temple B’Nai Zion & Restrictive Covenant, 200 178th St
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i. Binding Mediation /Arbitration. Any dispute arising under this <br />Agreement shall first be subject to a mandatory mediation conference with Robert C. Josefsberg, <br />Esq., or, if Mr. Josefsberg is unavailable, Amy Josefsberg Ederi, Esq., or her designee. If the <br />parties are unable to resolve their dispute at the mandatory mediation conference, then the parties <br />shall submit to a binding arbitration before Robert C. Josefsberg, Esq., or, if Mr. Josefsberg is <br />unavailable, Amy Josefsberg Ederi, Esq., or her designee. The arbitrator will have the authority <br />to establish the rules and procedures governing the arbitration, provided that such rules and <br />procedures are consistent with general principles of due process. Any award, order, or judgment <br />pursuant to the arbitration is final and may be entered and enforced in any court of competent <br />jurisdiction. <br />j. Implementation. The parties hereto agree in good faith to execute such <br />further documentation as may be required or recommended by their respective counsel to further <br />implement the transactions contemplated hereby. <br />k. Binding and Enforceable Agreement. Each party waives and relinquishes <br />any and all rights, under principles of law and equity, to rescind, vacate, or otherwise challenge <br />this Agreement (including its making or enforceability), including but not limited to duress, <br />coercion, unilateral mistake, mutual mistake, fraud in the inducement, or breach of any obligations <br />or duties which any party owed, or may have owed, any other party from the beginning of the <br />world to the date of this Agreement, arising under statutory or common law or in equity, or rule of <br />procedure, including but not limited to disclosure or discovery obligations in any litigation <br />between or among the parties. The parties have freely entered into this Agreement and are not <br />entering into this Agreement because of any duress, fear, or undue influence; this Agreement is <br />being entered into in good faith; and the parties have, prior to the execution of this Agreement, <br />obtained the advice of independent legal counsel of its own selection regarding the substance of <br />this Agreement, and the claims released herein. <br />** *Signature Pages to Follow * ** <br />
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