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DocuSign Envelope ID: F5C73C42-8DB0-4400-9F23-7lE5885223C0
<br />rights, obligations, Compensation and Reimbursement required by this Settlement Agreement,
<br />Maxwell, GLO, NOB, Yarrington, and Developer (collectively, the "Litigation Parties"), the
<br />City, Texas Realty Retail Partners, Inc., and their respective elected officials, council members,
<br />directors, representatives, heirs, assigns, successors or predecessors, officers or directors,
<br />employees, agents, principals, shareholders, partners, insurers and attorneys hereby expressly
<br />RELEASE, ACQUIT, AND FOREVER DISCHARGE each other and the other's respective
<br />elected officials, council members, directors, representatives, heirs, assigns, successors or
<br />predecessors, officers or directors, employees, agents, principals, shareholders, partners, insurers
<br />and attorneys FROM AND AGAINST ANY AND ALL EXISTING OR FUTURE CLAIMS,
<br />CAUSES OF ACTION, SUITS, LOSSES, COSTS AND EXPENSES, OBLIGATIONS, EXPRESS
<br />WARRANTIES, IMPLIED WARRANTIES, LIABILITIES, DAMAGES, AND DEMANDS OF ANY
<br />KIND WHATSOEVER, whether known or unknown, asserted or unasserted, whether arising in
<br />equity, under common law, state or federal statute or code, contract, or by any other authority,
<br />including, without limitation, claims for declaratory relief, or that in any way, directly or
<br />indirectly, relate to, are based upon, or arise out of the Litigation or other matters or transactions
<br />described in the Litigation, or out of any of the facts, events, occurrences, circumstances, acts,
<br />omissions, or relationships involved with the claims made or that could have been made between
<br />or among the Litigation Parties in the Litigation.
<br />III. MISCELLANEOUS
<br />1. No Admission of Liability. Each of the Parties denies any and all wrongdoing of
<br />any kind whatsoever relating to the Litigation, and expressly denies all allegations and claims of
<br />the other Party in the Litigation. This Settlement Agreement shall in no event be construed as or
<br />be deemed to be evidence of an admission or concession on the part of any Party of any claim,
<br />fault, liability, or damages whatsoever.
<br />2. Dispute Resolution. Before filing a lawsuit or other legal proceeding over any
<br />dispute, controversy, or claim arising out of or in connection with this Settlement Agreement (a
<br />"Dispute"), a Party must first attempt negotiation and mediation as set out below:
<br />a. Negotiation. The Parties agree to attempt to settle Dispute through
<br />consultation and negotiation in good faith. Accordingly, in the event of a Dispute, the Parties
<br />agree to meet to try to resolve the Dispute within fourteen (14) days after one Party delivers a
<br />written request for a meeting to another Party.
<br />b. Mediation. If after such meeting the involved Parties have not succeeded
<br />in negotiating a resolution of the Dispute within a reasonable time, then either Party may submit
<br />the Dispute to non-binding mediation. Such mediation will take place in Austin, Texas before a
<br />mediator selected by the Parties, or failing their agreement, selected in accordance with the
<br />American Arbitration Association ("AAA") mediation rules for commercial disputes, as in effect
<br />on the date of the initiation of the mediation. Each Party may initiate mediation by written notice
<br />to the other(s) of the existence of a Dispute requiring mediation. The involved Parties shall share
<br />the costs of the mediation equally.
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