Res 2003-119 - Laserfiche WebLink

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B. By entering into this Settlement and Release Agreement, PLAINTIFF further represents that it further understands and agrees that this is also a release of the DEFENDANT'S Risk Pool, TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL, and its officials, agents, employees and representatives from any and all claims against TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL in connection with the claims, counterclaims and causes of action contained, or which could have been contained in this litigation, including any coverage-based claims and causes of action relating to the defense of claims and counterclaims or indemnification against such claims. 5.0 Delivery of Dismissal with Prejudice A. Upon release of the settlement funds, PLAINTIFF shall cooperate in filing the necessary paperwork in the case styled and numbered, Burkett Transit Advertising, Inc. v City of San Marcos, No.02-1871, 22nd Judicial District Court, Hays County, Texas, to secure a dismissal of this litigation with prejudice. B. PLAINTIFF hereby authorizes Counsel for DEFENDANT to file the necessary dismissal documents with the Court and secure an order dismissing this lawsuit with prejudice, when the conditions outlined herein for doing so have been met. 6.0 Warranty of Capacity to Execute Agreement PLAINTIFF represents, warrants and contracts that no other person, attorney, law firm or entity has, or has had interest in the claims, demands, obligations, or causes of action referred to in this Settlement and Release Agreement, except as otherwise set forth herein or that if any such interest exists, it will be fully satisfied with these settlement proceeds; that PLAINTIFF has the sole right and exclusive authority to execute this Settlement and Release Agreement and receive the sums specified in it; and that PLAINTIFF has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Settlement and Release Agreement. 7.0 Governing Law This Settlement and Release Agreement shall be construed and interpreted in accordance with the laws of the State of Texas. 8.0 Additional Documents The PARTIES agree to cooperate fully and execute any and all supplementary documents and to take all additional action necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement and Release Agreement.