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Tract No. 16.0003 <br />Agreement would thereby be frustrated. <br />14. The Landowner represents, covenants and warrants that Landowner has the full <br />authority and capacity to make this Agreement, grant the releases and waivers set forth herein, and <br />take the other actions contemplated by this Agreement; that Landowner is the sole owner of any <br />and all claims ever possessed by Landowner against City; and that no portion of any of the released <br />claims that Landowner may have possessed against City have been sold, assigned, transferred, <br />pledged, or hypothecated to any third party. In addition, Landowner represents, covenants, and <br />warrants that Landowner is the only party with an interest in the claims asserted and is therefore <br />the only party who has a right to assert a cause of action against City for such claims or any other <br />claims related to the owners of the Property. <br />15. City represents, covenants and warrants that City has the full authority and capacity <br />to make this Agreement, grant the releases and waivers set forth herein, and take the other actions <br />contemplated by this Agreement; that City is the sole owner of any and all claims ever possessed <br />by City against Landowner or Landowner's property; and that no portion of any of the released <br />claims that City may have possessed against Landowner or Landowner's property have been sold, <br />assigned, transferred, pledged, or hypothecated to any third party. In addition, City represents, <br />covenants, and warrants that City is the only party with an interest in the claims asserted and is <br />therefore the only party who has a right to assert a cause of action against Landowner or <br />Landowner's property for such claims or any other claims related to the owners of the Property. <br />16. The Parties each represent to the other that they have read and understand this <br />Agreement, and that they have not relied upon any representation made by the other party or parties <br />or their attorneys in executing this Agreement. The Parties each hereby stipulate that they do not <br />stand in a disparate bargaining position and that they have not executed this Agreement under <br />duress. The Parties further stipulate that they do not occupy a fiduciary relationship with each <br />other. <br />VI. MISCELLANEOUS <br />17. This Agreement is binding upon and shall inure to the benefit of the Parties and <br />each of the Parties' respective successors, assigns, heirs, personal representatives, affiliates, <br />agents, attorneys, and insurers without time limitation. <br />18. This Agreement may be executed in multiple counterparts, each of which shall be <br />deemed to be an original and all of which, when taken together, shall constitute one Agreement. <br />19. The signatories and their counsel have assisted in the drafting of this Agreement, <br />have reviewed this Agreement before execution, and agree that the normal rules of construction, <br />specifically that "any ambiguities are to be construed against the drafter," will not be employed in <br />its interpretation. <br />20. This Agreement shall be governed by and construed in accordance with the laws of <br />the State of Texas, without reference to its conflict of law principles. Jurisdiction and venue for <br />any dispute related to this Agreement shall be in Caldwell County, Texas. <br />COMPROMISE AND SETTLEMENT AGREEMENT — Page 4 of 5 <br />