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<br /> 3. Longley is not formally a party to the Lawsuit and has no
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<br /> contractual relationship with city. However, the parties to this
<br /> agreement acknowledge and agree that Kencon, as General Contractor
<br /> and at Longley's request, asserted certain affirmative claims in
<br /> the Lawsuit and thereby sought to recover money damages from city
<br /> on behalf of its subcontractor Longley, making Longley a real party
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<br /> in interest in this action.
<br /> 4. For and in consideration of the execution of this
<br /> Agreement, the recitals and mutual promises contained herein, and
<br /> other good and valuable consideration, the receipt of which is
<br /> hereby acknowledged, the Parties agree as follows:
<br /> a. city shall pay Kencon on or before January 1, 1997,
<br /> the sum of Two Hundred Fifty Thousand Dollars ($250,000.00).
<br /> b. City hereby FULLY RELEASES, REMISES, AND FOREVER
<br /> DISCHARGES Kencon, and its agents, officers,. shareholders,
<br /> directors, insurers, sureties, representatives, successors and
<br /> assigns, and each of them, of and from any and all claims,
<br /> actions, causes of actions, suits, rights, obligations,
<br /> charges, debts, liabilities, dues, sums of money, accounts,
<br /> reckonings, bonds, bills, specialties, covenants, contracts,
<br /> torts, controversies, agreements, promises, varl.ances,
<br /> trespasses, damages, costs, expenses, judgments, executions,
<br /> claims and demands whatsoever, WHETHER FORESEEN OR UNFORESEEN,
<br /> KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, MATURED OR
<br /> UNMATURED, in law, admiralty, equity or otherwise, which it
<br /> ever had, now have, or may have, relating in any manner, in
<br /> whole or in part, to the Library Project or the matters made
<br /> - the subject of the Lawsuit.
<br /> c. Kencon, on its own behalf, and on behalf of Longley,
<br /> and their officers, shareholders, directors, agents, counsel,
<br /> employees, insurers, sureties, underwriters, administrators,
<br /> executors, representatives, successors and assigns and each of
<br /> them, hereby FULLY RELEASE, REMISE, AND FOREVER DISCHARGE city
<br /> and its officers, council members, agents, employees,
<br /> servants, l.nsurers, representatives, successors and assigns
<br /> and each of them, of and from any and.all claims, actions,
<br /> causes of actions, suits, rights, obligations, charges, debts,
<br /> liabilities, dues, sums of money, accounts, reckonings, bonds,
<br /> H-5';;Q; 2
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