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2023/11/16 Eastern Municipal Water District (EMWD) Litigation Agreement between the City of Menifee and EMWD (David Matthew Monkres v. City of Menifee, et al.)LITIGATION AGREEMENT BETWEEN THE CITY OF MENIFEE AND EMWD This agreement is made and entered into by and between the City of Menifee ("CITY"), a public entity, and Eastern Municipal Water District ("EMWD"), including any and all related and/or affiliated entities and in their individual and joint capacities (or collectively referred to as the "Parties") pertaining to the defense, indemnification and a tolling of the statute of limitations and dismissal of cross -claims ("the Agreement") that is made in connection with the claims and allegations asserted by the David Matthew Monkres ("PLAINTIFF") in his operative Complaint in the matter entitled, David Matthew Monkres v. City of Menifee, et al. pending in the Riverside Superior Court, Case No. CVR12202132, County of Riverside, State of California ("LAWSUIT"). NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements hereinafter set forth, and other good and valuable consideration, the Parties and their respective Attorneys of Records hereby agree as follows: 1. CITY'S Dismissal Of Cross -defendant EMWD From The Cross -complaint Without Prejudice The CITY agrees and warrants that it will file a Request for Dismissal of Cross - defendants, EMWD (identified in its Amendment as "Roe 2"), without prejudice, from its Cross - complaint pending in this LAWSUIT pursuant to the promises and representations made by EMWD. 2. Defense and Indemnification Without Any Reservation of Rights. EMWD, as the indemnitor, agrees and warrants that it will provide defense and full indemnification to the CITY, the indemnitee, without any reservation of rights, on the claims asserted by the PLAINTIFF in this LAWSUIT. EMWD warrants and represents that it will satisfy any settlement and/or judgment that is rendered against the CITY. Under no circumstance shall EMWD seek any reimbursement or contribution from the CITY for any attorney fees, costs, settlement funds or monies paid to satisfy the judgment. 3. Tolling Agreement On The Statute of Limitations EMWD, agrees and warrants that the statute of limitations on the claims of the CITY are hereby tolled until 90 days after the CITY is obligated to pay a judgment and/or any settlement associated with the claims brought by the PLAINTIFF. 4. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5. Integ_ration: This Agreement constitutes the final understanding between the Parties regarding the subject matter of this Agreement and supersedes earlier oral agreements and incorporates any prior written agreements between or among any of the undersigned regarding LITIGATION AGREEMENT BETWEEN THE CITY OF MENIFEE AND EMWD the subject matter of this Agreement. Any modifications to this Agreement must be in writing and signed by all Parties. 6. Severability: The Parties agree that if any paragraph, clause, or provision of this Agreement is deemed illegal or unenforceable, the remaining portions shall remain valid and enforceable. 7. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8. Comprehension and Authorization: All Parties' respective Attorneys of Record Counsel have fully explained the terms of this Agreement to his/her/their respective client(s) and are fully satisfied that the client(s) understands the terms, agrees to abide by the terms, and that the attorney is authorized by the client(s) to execute this Agreement. 9. Breach: If litigation is initiated by any of the Parties against any of the other Parties for any breach of this Agreement, the prevailing party shall be entitled to recover its attorney fees. THE UNDERSIGNED HEREBY DECLARE that the terms of this Agreement have been completely read; that the Parties have discussed the terms of this Agreement with their legal counsel; and that said terms are fully understood and voluntarily accepted by the Parties for the purpose of a joint defense agreement in litigation of the aforesaid Claim. Date: �� ) 1cvlZ,�X Date: CITY OF MENIFEE 99����,7Authorized O behalf of the 9ty of Menifee EASTERN MUNICIPAL WATER DISTRICT Authorized on behalf of Eastern Municipal Water District LITIGATION AGREEMENT BETWEEN THE CITY OF MENIFEE AND EMWD