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<br />in law and in equity, that any releasing party has had, now has, or may ever have, against any
<br />released party by reason of any act or omission of any individual or entity, any matter, cause, event,
<br />or thing occurring on or before the Effective Date of this Agreement, whether known or unknown,
<br />suspected or unsuspected, recognized now or at a later time by any applicable law, arising out of or
<br />cOlmected with any act, omission, condition, relationship, duty, obligation or event and which
<br />relates to the Zoning Variance Applications or the Specific Use Permit referenced in this
<br />Agreement, including, but not limited to, all claims asserted or that could have been asserted in the
<br />Litigation with respect to such Zoning Variance Applications or Specific Use Permit, and all
<br />resulting damages, including all actual damages, consequential damages, statutory damages,
<br />punitive and exemplary damages, prejudgment and post judgment interest attorneys' fees, and costs
<br />of court, and all other damages or losses recoverable now or at any later time under applicable law
<br />and arising under contract (express or implied), any jurisdiction's laws, the United States
<br />Constitution, the Texas or any other state constitution state or federal statutes, local ordinances,
<br />public policy or common law, in connection with the Claims.
<br />
<br />C. As used in this Agreement, "the Litigation" means the above styled and number
<br />
<br />cause.
<br />
<br />D. As used in this Agreement, "the Property" means the parcel of land owned by the
<br />Plaintiff within the City of San Marcos, Hays County, Texas, located at 421 North LBJ Drive, San
<br />Marcos, Texas with the following legal description:
<br />
<br />Lot 1, Plat of Lot 1, Carson Addition, a subdivision in Hays County, Texas,
<br />according to the map or plat thereof, recorded in Book 10 at Page 38 of the Plat
<br />Records of Hays County, Texas
<br />
<br />E As used in this Agreement, "the Final Judgment" means the agreed Final Judgment
<br />described in Section V of this Agreement and attached to this Agreement as Exhibit B, entered into
<br />between the Plaintiff and Defendant as part of the settlement of the Litigation, and signed and
<br />entered in a court of competent jurisdiction under the cause number of the Litigation.
<br />
<br />F. As used in this Agreement, "resume litigation," resumes litigation" or "the
<br />resumption of litigation" shall mean (1) the continued litigation of claims and defenses under the
<br />cause number of the Litigation after a successful challenge by a third party as to the validity of this
<br />Agreement and/or all or any portion of the Final Judgment, and/or (2) the assertion of claims and
<br />defenses that were available to either party on August 20, 2003 under a cause number other than
<br />the cause number of the Litigation.
<br />
<br />III.
<br />SETTLEMENT
<br />
<br />A. Plaintiff's Consideration and Agreement: As part ofthis Agreement, Plaintiff agrees
<br />to the following:
<br />1. Carson releases the City, its mayor, city council members, city managers,
<br />commissioners, board members, representatives, agents, employees, servants,
<br />
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