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<br />liability and damages of any kind, known or unknown, whether based on
<br />statute, ordinance, contract or tort. The release given herein is intended by the
<br />City hereto to constitute a complete, comprehensive and fmal release and shall
<br />be construed accordingly in its broadest sense as to EI Paso Parties.
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<br />b. No Admission of Liability: Claims are Disputed and Uncertain. The
<br />Releasing Parties further agree and acknowledge that there is considerable
<br />doubt, disagreement, dispute and controversy, with regard to the validity
<br />and/or viability of the City's claims against the EI Paso Parties and that the EI
<br />Paso Parties have not and do not hereby make any admission as to the legal or
<br />equitable liability of the EI Paso Parties for any liability amount of damages
<br />or justification for legal relief. The Releasing Parties further acknowledge and
<br />agree that there is doubt, disagreement, uncertainty and confusion as to the
<br />amount of said liability, if any. The purpose of this Release and Settlement
<br />Agreement is to end the dispute about the value of the claims made, or which
<br />could have been asserted, by the City against the EI Paso Parties, once and for
<br />all.
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<br />c. Release of EI Paso Parties. The City, for itself and on behalf of any of its
<br />agents, attorneys, representatives, assignees, assigns, franchisees, contractors,
<br />leasees, elected and appointed officials, and all other related persons or entities
<br />that have or could assert any claim made the subject of this Release and
<br />Settlement Agreement ("Releasing Parties"), hereby forever releases,
<br />discharges, and acquits the EI Paso Parties, their successors, and assigns, of
<br />and from any and all past or present, claims, demands, obligations, causes of
<br />action, contentions or legal theories, known or unknown, and any and all past
<br />or, present, damage, including, without limitation, loss of income, contractual
<br />rights or interests, statutory damages, pre- or post-judgment interest, costs of
<br />court, punitive damages, attorneys' fees, and any other damage or expense,
<br />accrued or unaccrued, whether now known or unknown, fixed or contingent,
<br />real or spurious, and whether any of the foregoing arise out of common law,
<br />contract, tort, equity, regulation, state or federal constitution, statute, city
<br />ordinance or any other applicable law, which the City now has or may
<br />hereafter accrue or acquire, which might have been asserted in any court,
<br />forum, tribunal, commission or agency whatsoever, in connection with, arising
<br />out of, or in any way related to the presence of the natural gas transmission
<br />pipelines owned by the El Paso Parties, in existence as of the date of this
<br />agreement, in right-of-way owned or controlled by the City, or the failure by
<br />the EI Paso Parties to pay street rental, franchise or other fees to the City as
<br />compensation to the City for use of City right-of-way, during the period of
<br />time leading up to and including the date of this agreement. It is the intention
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