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The breached the settlement agreement but if the check is sent in a week rather than by overnight you would be entitled to interest - relatively minor. Delay in payment would probably not be considered sufficiently material to give you the option to consider the settlement voided and revive your original claim.
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I am pissed as their attorney reassured me it would be overnighted on Monday. So long story short I stayed home on Tuesday, Wednesday, and Thursday. Today I found out that it really has not even been mailed. I had several days wasted. Can I still except the check, but if they ever try to enforce their rights if I breach confidentiality, claim they breached first?
No if you wanted to try to void the agreement you would have to do so now not breach and then rely on their breach.
I do not know id this matters but I us a Service Animal Service Dog, and the "claim, came about from their refusing to let me stay there due to having a Service Dog. So I not happy to begin with. I do Know about the $4,000.00 minimum damages under the Unrhu act.
No that does not matter in this situation. I know you are frustrated but you need to move on.