|
<br />and lawsuits of any and every kind or nature whatsoever, at law or in equity, known or unknown,
<br />
<br />anticipated or unanticipated, accrued or unaccrued, asserted or unasserted, that they have or could
<br />
<br />have against each other for or because of anything related to the controversy in the Lawsuit, prior
<br />
<br />to and including the date hereof, including without limitation, anything arising, or which may arise,
<br />
<br />out orthe facts and/or circumstances alleged or which could have been alleged in the Lawsuit, and/or
<br />
<br />otherwise related, either directly or indirectly, to the issues in or any matter giving rise to stich
<br />
<br />Lawsuit.
<br />
<br />This mutual release specifically includes, but is not limited to, any past, present or future
<br />
<br />claims, demands, damages, losses, payments, obligations, liabilities, costs, attorney's fees, causes
<br />
<br />of action, or suits, duties, responsibilities, or alleged breaches thereof, arising out of, in connection
<br />
<br />with, or related to the Lawsuit.
<br />
<br />This agreement shall be deemed to have been made under and shall be governed by,
<br />
<br />construed and enforced in accordance with the laws of the State of Texas, without reference to
<br />
<br />principles of choice or conflict of laws.
<br />
<br />This agreement is binding on and inures to the benefit of the parties hereto and their heirs,
<br />
<br />beneficiaries and assignees, predecessors or successors in interest, parent entities, subsidiaries.
<br />
<br />afliliates and/or legal representatives, their present and former shareholders. agents, officers.
<br />
<br />directors, partners, spouses, servants, employees, representatives and attorneys, in their individual
<br />
<br />or representative capacities.
<br />
<br />Each party warrants and represents that it is the sole and exclusive owner of the claims and
<br />
<br />causes of action asserted in the above referenced lawsuit and that it has not assigned or transferred,
<br />
<br />or purported to assign or transfer, in whole or in part, to any person or entity, any claims, rights,
<br />
<br />Litigate\Lowl1lan\Mulllal Release
<br />
<br />-2-
<br />
<br />00102/01
<br />
<br />EXHIBIT C
<br />P2'1go ;L of i"H
<br />
|