Laserfiche WebLink
beginning of the Repair Project,with funds being released by agreement of the parties but no later <br /> than 10 days after completion of the replaster work. The replaster work will be considered complete <br /> when the pool is coated and ready to accept water. Both parties agree to bear their respective costs <br /> and attorneys' fees in connection with the Project, the Claim and Repair Project. Memphis Pool <br /> will warrant all crack repairs and plaster finish for a period of 1 year from completion against <br /> defects in material and/or workmanship. Should any repaired areas fail within the warranty period, <br /> Memphis Pool will repair the defective area at no cost to Batesville. This warranty does not include <br /> or cover any damages to or the staining of the plaster surface due to negligence, improper water <br /> balance,or other causes outside of Memphis Pool's control. The warranty described herein will be <br /> void in the event that final payment for the Repair Project is not made by Batesville. Memphis <br /> Pool shall be entitled to prompt written notice from Batesville of any warranty claim and provided <br /> an opportunity to inspect such conditions. THIS LIMITED WARRANTY IS IN LIEU OF ANY <br /> EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF <br /> HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. <br /> This warranty excludes defects from damages incurred during the warranty period caused by abuse, <br /> neglect, improper or lack of maintenance, modification, or normal wear and tear. Further, in no <br /> event shall Memphis Pool be liable for any consequential, punitive, or exemplary damages of any <br /> type. <br /> SECOND: With the understanding that Batesville is a public entity that is subject to <br /> FOIA requests as well as other Arkansas laws regarding public oversight of municipalities,to the <br /> extent possible,the parties agree to keep the terms and substance of this Settlement Agreement and <br /> Release confidential and further agree that they will not disclose information concerning this <br /> Agreement nor any information obtained in the discovery process to any third party with the <br /> exception of their counsel, spouse and/or tax advisor,who shall be informed of this confidentiality <br /> requirement and required to abide by its terms;provided that the parties' confidentiality obligation <br /> shall not extend to the tax treatment or tax structure of the Settlement Amount, but the amount of <br />