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1997 S Settlement Agreement and Release John G McCormick v County of Orange and Orange County Board of Adjustment
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1997 S Settlement Agreement and Release John G McCormick v County of Orange and Orange County Board of Adjustment
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Last modified
9/12/2013 3:58:01 PM
Creation date
7/31/2013 12:22:16 PM
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BOCC
Date
6/30/1997
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
8r
Document Relationships
Agenda - 06-30-1997 - 8r
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\Board of County Commissioners\BOCC Agendas\1990's\1997\Agenda - 06-30-1997
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claims against any such other parties . This Agreement, release <br /> and discharge shall be a fully binding and complete settlement <br /> among all parties to this Settlement Agreement. It shall be <br /> effective, and is contingent, upon the proper filing by McCormick <br /> of a voluntary dismissal with prejudice in the civil action <br /> numbered 96-CVS-841 which civil action McCormick acknowledges is <br /> in lieu of any other legal suit or action based upon McCormick' s <br /> rights of any and all kinds whatsoever arising out of any claims <br /> or injuries allegedly caused as the result of the Occurrence. It <br /> is acknowledged by the parties that the Board of Adjustment is <br /> not a legal entity with the ability to sue and be sued but is a <br /> quasi judicial board appointed by the County Board of <br /> Commissioners pursuant to the Orange County Zoning Ordinance and <br /> North Carolina General Statutes § 153A-345 . The parties agree <br /> that execution of this Settlement Agreement by County constitutes <br /> execution by County on its own behalf and on behalf of the Board <br /> of Adjustment . <br /> IV. ENTIRE AGREEMENT. <br /> This settlement agreement contains the entire agreement <br /> between McCormick, County and the Board of Adjustment with regard <br /> to the matters set forth herein. It is expressly warranted by <br /> the undersigned that no understanding or agreement, promise or <br /> inducement has been offered except as set forth herein. This <br /> release is executed without reliance upon any statement or <br /> representation of the persons or parties released or their <br /> representatives, agents, or attorneys, concerning the nature and <br /> 8 <br />
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