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246. CAUSE NO. 02-1871 BURKETT TRANSIT ADVERTISING, INC. VS. CITY OF SAN MARCOS, TEXAS IN THE DISTRICT COURT 22m) JUDICIAL DISTRICT SETTLEMENT AND RELEASE AGREEMENT The parties to this Settlement Agreement and Release are as follows: "PLAINTIFF" - refers to BURKETT TRANSIT ADVERTISING, INC., as well as its officials, agents, representatives, employees, predecessors and successors in interest; "DEFENDANT" - refers to and includes the CITY OF SAN MARCOS, TEXAS, a governmental entity organized and existing under the laws of the State of Texas, including its successors in interest, agents, officials, employees, and assigns; including DEFENDANT'S risk pool, TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL, and its officials, agents, representatives, employees and predecessors and successors in interest; PLAiNTIFF and DEFENDANT shall be referred to jointly as the "PARTIES." RECITALS Whereas, PLAiNTIFF filed a lawsuit styled and numbered as indicated in the caption above against DEFENDANT claiming breach of contract, fraudulent inducement, and due process against the CITY OF SAN MARCOS; Whereas, in addition to a general denial, DEFENDANT raised certain legal defenses to liability; Whereas, DEFENDANT disputes liability in this lawsuit; however, PLAiNTIFF and DEFENDANT desire to resolve this dispute at the minimum of costs and disruption to PLAiNTIFF and DEFENDANT; and, Whereas, the PAR TIES desire to enter into this Settlement and Release Agreement in full settlement and discharge of all claims which have, or might be made, by reason of the incident described in PLAiNTIFF'S current pleading, and the foregoing recitals; NOW, THEREFORE, the PARTIES agree as follows: HAYS COUNTY, TEXAS