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<br />administrators, lienholders, successors and assigns, jointly and severally, each and all of them, <br /> <br />whether acting in their official or individual capacities, of and from any and all claims, demands, <br /> <br />damages, (pecuniary and non-pecuniary), actions, causes of actions, attorneys' fees, expenses, court <br /> <br />costs, compensation, and all consequential or punitive damages, of whatever kind or nature, whether <br /> <br />heretofore or hereafter accruing or whether now known or not known to the Parties, including <br /> <br />expressly and without limitation any and all claims and allegations asserted by Landowners or by <br /> <br />the City in the pleadings on file in the action mentioned herein, together with any and all claims and <br /> <br />allegations pertaining to the City's adoption of the 2000 Aquifer Ordinance, or to any duty arising <br /> <br />out of the federal or Texas constitutions to compensate Landowners for any losses suffered for <br /> <br />deprivation of alleged constitutional rights, arising out of the adoption of the 2000 Aquifer <br /> <br />Ordinance or the application of the 2000 Aquifer Ordinance to the Property. Notwithstanding the <br /> <br />foregoing provisions ofthis paragraph, the Parties agree that they are not released or discharged from <br /> <br />the terms and conditions of this agreement, and the terms and conditions of this agreement shall <br /> <br />survive this release. <br /> <br />5. This Agreement applies to all real property owned by Landowners within the City or <br /> <br />the City's extraterritorial jurisdiction (to wit, the Property) to which the 2000 Aquifer Ordinance <br /> <br />applied prior to or as of the effective date of this Agreement. <br /> <br />6. The effective date of the final settlement shall be the date ofthe execution of the order <br /> <br />dismissing with prejudice all the Parties' claims, as designated herein and in the Motion for Joint <br /> <br />Dismissal, which is attached hereto and incorporated herein by reference as Exhibit "A," and upon <br /> <br />date of payment of the sums identified in paragraph 3 of this Agreement. This Agreement <br /> <br />completely and forever compromises and settles all matters in dispute between the Parties which <br /> <br />COMPROMISE SETTLEMENT AGREEMENT <br />Andrew Garv. et at v. The Citv of San Marcos - Page 4 <br />