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<br />have been alleged or could have been alleged in this cause, arising out of the City's adoption of the <br /> <br />2000 Aquifer Ordinance or the application of the 2000 Aquifer Ordinance to the Property. <br /> <br />7. Each Party to this Agreement represents that he is acting freely and voluntarily; and <br /> <br />that he in no way is relying upon any promise, warranty, representation or agreement of any kind <br /> <br />whatsoever, made directly or indirectly, by any agent, employee, or lawyer of the Parties, or any <br /> <br />person or firm in privity with the Parties; and each Party understands that this is a full, final and <br /> <br />complete settlement of all claims of any kind or character whatsoever, arising out of all matters in <br /> <br />dispute between the Parties which have been alleged in this cause. <br /> <br />8. In entering into this Agreement, the Parties are not admitting liability, but are <br /> <br />expressly denying liability. <br /> <br />9. Contemporaneous with their execution of this Agreement, all Parties authorize their <br /> <br />attorneys of record to file with the District Court of Hays County, Texas a Joint Motion For <br /> <br />Dismissal (with prejudice), the form and order of which are attached hereto and incorporated by <br /> <br />reference herein as Exhibits "A " and "B," respectively. It is the express intent of the Parties to this <br /> <br />Agreement that each of the Parties shall not be exposed to any further liabilities, including claims <br /> <br />and suits for damages, relating to any matter presented by any Party in this lawsuit, with the <br /> <br />exception of any claims arising from the Parties' obligations under this Agreement. <br /> <br />10. The Parties warrant that no claims asserted by the Parties in this suit have been <br /> <br />assigned to any third-party and that this Agreement is executed without reliance on any statement <br /> <br />or representation made by any third-party which is not contained herein. <br /> <br />11. This Agreement shall be deemed to have been jointly prepared by all the Parties <br /> <br />hereto, and no ambiguity of this Agreement shall be construed against any party based upon the <br /> <br />identity of the author of this Agreement or any portion thereof. <br /> <br />COMPROMISE SETTLEMENT AGREEMENT <br />Andrew Garv. et at v. The Citv of San Marcos - Page 5 <br />