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attorneys(including,but not limited to,Philip D.Mockford and Jackson Walker L.L.P.),affiliates,
<br /> representatives, predecessors, successors, and assigns from any and all known claims, pleas,
<br /> demands, damages, actions, causes of action, or suits in equity, of whatsoever kind or nature,
<br /> accrued or accruing as of the effective date of this Agreement, arising out of the events made the
<br /> subject of the recitals set forth above and/or the events made the basis of, or which could have
<br /> been made the basis of, the Lawsuit, whether arising under the Constitution of the United States,
<br /> the statutes of the United States,the Constitution of the State of Texas, the statutes of the State of
<br /> Texas, the common law, or any other law; provided, however, no release of the agreements,
<br /> representations or warranties expressly set forth in this Agreement, or the documents expressly
<br /> incorporated herein by reference, is made or intended.
<br /> 4. Except as provided in this Agreement,the Parties agree that all costs and expenses
<br /> incurred in litigating (whether prosecuting or defending) the claims released herein, including
<br /> attorneys' fees and expenses, shall be borne by the party who incurred the cost or expense.
<br /> 5. SM BLOCK 21 INDEMNIFIES THE CITY AND HOLDS THE CITY
<br /> HARMLESS (INCLUDING ATTORNEYS' FEES AND LITIGATION EXPENSES) FROM
<br /> ANY AND ALL KNOWN CLAIMS, DEBTS, LIABILITIES, DEMANDS, OBLIGATIONS,
<br /> COSTS, EXPENSES, ACTIONS, CAUSES OF ACTION, OR SUITS IN EQUITY BASED ON
<br /> OR ARISING OUT OF, OR IN CONNECTION WITH, THE LAWSUIT, BY SM BLOCK 21
<br /> OR BY ANY PERSON OR ENTITY CLAIMING BY, THROUGH, OR UNDER SM BLOCK
<br /> 21 REGARDLESS OF CAUSE OR THE SOLE, JOINT, COMPARATIVE OR CONCURRENT
<br /> NEGLIGENCE OR GROSS NEGLIGENCE OF THE CITY.
<br /> 6. TO THE EXTENT PERMITTED AND NOT OTHERWISE PROHIBITED BY
<br /> THE TEXAS CONSTITUTION OR OTHER LAW, THE CITY 1NDEMNIFIES SM BLOCK 21
<br /> 38053116v.1 4
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