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Tract No. 16.0004
<br />specifically excludes claims, causes of action and other matters arising from acts or events after
<br />the date hereof.
<br />8. City does hereby COMPROMISE, SETTLE, AND ABSOLUTELY,
<br />UNCONDITIONALLY, AND FULLY RELEASE and FOREVER DISCHARGE Landowner,
<br />their current and former boards of directors, board members, officers, successors, subsidiaries,
<br />parents, affiliates, related corporate entities, assigns, agents, employees, attorneys, owners,
<br />shareholders, and insurers, and Landowner's property from any and all liabilities, demands, claims,
<br />damages, punitive damages, penalties, losses, costs, debts, and charges, both legal and equitable,
<br />whether at common law, statutory, regulatory, contractual, tortious or otherwise, now owned or
<br />accrued, that arise out of, relate to, or is in any way connected with the institution, prosecution
<br />and/or maintenance of the Lawsuit. This release specifically includes but is not limited to any and
<br />all claims for damages or otherwise asserted in the course of the Lawsuit; provided, however, that
<br />this release does not encompass and specifically excludes claims, causes of action and other
<br />matters arising from acts or events after the date hereof.
<br />9. It is understood that this is a compromise of disputed claims, and that neither (1) the
<br />consideration provided for herein, (2) the entry into this Agreement, nor (3) any recital contained
<br />herein, shall be construed, or interpreted as an admission of liability by City and, all such liability
<br />is herein being expressly denied.
<br />10. The releases provided herein are not intended to, and do not, release the Parties
<br />from any obligations arising under this Agreement and the Easement Agreement, nor any breach
<br />of or default with respect to the terms, conditions, representations and warranties, and/or covenants
<br />provided in this Agreement and the Easement Agreement, nor any breach of or default with respect
<br />to the terms, conditions, representations and warranties, and/or covenants provided in the
<br />Easement Agreement.
<br />III. COSTS, FEES, AND EXPENSES
<br />11. Each of the Parties to this Agreement shall bear its own attorneys' fees, costs, and
<br />expenses. Landowner waives and hereby further releases City from any claims under section
<br />21.019 of the Texas Property Code, Section 38 of the Civil Practices and Remedy Code, and/or
<br />any other statutory provision allowing for fees for attorneys, appraisers, and photographers and/or
<br />any other expenses incurred.
<br />IV. ENTIRE AGREEMENT
<br />12. This Agreement and the Easement Agreement constitute the entire agreement
<br />between the Parties and supersedes any and all prior understandings and agreements concerning
<br />the subject of this Agreement. This Agreement and the Easement Agreement may not be modified
<br />or amended except by a writing signed by the Party against whom said modification or amendment
<br />is to be enforced.
<br />V. LEGALITY OF AGREEMENT
<br />13. If any provision, term, or condition of this Agreement shall be held invalid, illegal,
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