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expenses of retaining such independent consultant or expert shall be home initially by RSWA. It <br />• is agreed that if any such disputes for which an independent consultant or expert is hired are <br />taken to the Court for resolution, pursuant to the provisions of this Agreement, the independent <br />consultant or expert may serve as an advisor to the Court at the election of the Court. The costs <br />associated with the independent consultant or expert and attorneys fees shall be recovered by the <br />prevailing party under the general dispute resolution provisions of this Agreement. <br />PARTIES' ACKNOWLEDGEMENT <br />The Parties acknowledge and agree that the terms of this Agreement are contractual and <br />not mere recitals. The Parties also acknowledge that this Agreement is a product of arms -length <br />negotiations, that they have been represented by counsel throughout the negotiations leading up <br />to this Agreement, and that the terms and provisions herein are to be construed as having their <br />plain meaning. The Parties agree that in the event any portion of this Agreement is later ruled <br />• ambiguous, such ambiguity shall not as a matter of contract interpretation be presumed to <br />FJ <br />operate to the disfavor of any party to this Agreement. <br />COMPROMISE OF DISPUTE <br />This Agreement is a compromise of disputed claims. <br />NO ADMISSION <br />By entering into this Agreement, the Parties do not intend to make, nor shall they be <br />deemed to have made, any admission of any kind. <br />USE OF AGREEMENT <br />This Agreement, and any acts in the performance of this Agreement, are not intended to, <br />nor shall they be tendered as evidence or otherwise in any case or other proceeding for any <br />purpose including, but not limited to, efforts to prove either the acceptance by any Party of any <br />37 <br />