|
1.0 Release and Discharge
<br />
<br /> A. In consideration of the payment set forth in Section 2, PLAINTIFF hereby
<br />completely releases and forever discharges DEFENDANT from any and all past, present or
<br />future claims, demands, obligations, actions, causes of action, rights, damages, costs, losses of
<br />services, expenses and compensation of any nature whatsoever, whether based on a tort, contract
<br />or other theory of recovery, which the PLAINTIFF now has, or which may hereafter accrue or
<br />otherwise be acquired, on account of, or may in any way grow out of the incidents described in
<br />PLAiNTIFF'S current pleading and the recitals above, including without limitation, any and all
<br />known or unknown claims alleged by the PLAiNTIFF.
<br />
<br /> B. In consideration of the provisions set forth in Section 3, DEFENDANT hereby
<br />completely releases and forever discharges PLAiNTIFF from any and all past, present or future
<br />claims, demands, obligations, actions, causes of action, rights, damages, costs, losses of services,
<br />expenses and compensation of any nature whatsoever, whether based on a tort, contract or other
<br />theory of recovery, which the DEFENDANT now has, or which may hereafter accrue or
<br />otherwise be acquired, on account of, or may in any way grow out of the incidents described in
<br />PLAiNTIFF'S current pleading and the recitals above, including without limitation, any and all
<br />known or unknown claims of DEFENDANT.
<br />
<br /> C. This release and discharge shall also apply to the past, present m~d future officers,
<br />directors, stockholders, attorneys, agents, servants, representatives, employees, subsidiaries,
<br />affiliates, partners, predecessors, insurers, successors in interest and assigns of CITY OF SAN
<br />MARCOS and BURKETT TRANSIT ADVERTISING, iNC.
<br />
<br /> · D. This release on the part of the PARTIES shall be a fully binding and complete
<br />settlement by the PARTIES, including their respective officials, agents, representatives,
<br />employees and predecessors and successors in interest.
<br />
<br /> E. PLAiNTIFF and DEFENDANT acknowledge and agree that the release and
<br />discharge set forth above is a general release. PLAiNTIFF and DEFENDANT expressly waive
<br />and assume the risk of any and all claims for damages that exist as of this date, but of which the
<br />DEFENDANT and PLAINTIFF do not now know or suspect to exist, for any reason whatsoever,
<br />and which, if known, would materially affect their decision to enter into this Settlement and
<br />Release Agreement.
<br />
<br /> F. PLAiNTIFF further agrees that it accepts payment of the sum specified herein as
<br />a complete compromise of matters involving disputed issues of law, fact and damages. It is
<br />understood and agreed by the PARTIES that this settlement is a compromise of a disputed claim,
<br />and the payment is not to be construed as an admission of liability on the part of the
<br />DEFENDANT by whom liability is expressly denied.
<br />
<br /> G. PLAINTIFF further agrees that upon payment of the specified sum, it shall
<br />cooperate in the preparation, execution and filing of the necessary stipulation of dismissal with
<br />prejudice of any and all claims contained or which could have been contained in the case styled
<br />
<br />
<br />
|