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<br /> - 1-1/3 <br /> bills, specialties, covenants, contracts, torts, <br /> controversies, agreements, proml.ses, variances, trespasses, <br /> damages, costs, expenses, judgments, executions, claims and <br /> demands whatsoever, WHETHER FORESEEN OR UNFORESEEN, KNOWN OR <br /> UNKNOWN, DISCLOSED OR UNDISCLOSED, MATURED OR UNMATURED, in <br /> law, admiralty, equity or otherwise, which it ever had, now <br /> has, or may have, relating in any manner, in whole or in part, <br /> to the Library Project or the matters made the subject of the <br /> Lawsuit. <br /> d. Kencon will dismiss Cause No. 94-0442, Kencon <br /> -- Constructors Construction Managers, Inc. v. City of San <br /> Marcos, Texas, In the 207th Judicial District Court of Hays <br /> County, Texas, with prejudice and will forbear from and agree <br /> not to assert any and all claims or other actions which could <br /> be construed to arise out of the Parties' involvement in the <br /> Library Project. Accordingly, Kencon and city will execute a <br /> Motion for Dismissal with Prejudice and Agreed Order of <br /> Dismissal in the forms attached as Exhibits "A" and "Bu. <br /> Kencon will return such documents to Defendant's attorneys <br /> within five days of the date of the execution of this <br /> agreement to be held in trust until ten (10) business days <br /> following Kencon's receipt of payment under Paragraph 4(a) <br /> above. <br /> e. city and Kencon acknowledge and agree that Kencon's <br /> one year warranty period for correction of 'defects in the <br /> Library Project, under paragraph 13.10 of the General <br /> Conditions of the Construction Contract, began on the <br /> respective dates of substantial completion of the interior and <br /> exterior portions of the Library Project, October 25,1993 and <br /> December 10, 1993, and that Kencon has satisfied its <br /> obligations under that paragraph 13.10. <br /> 5. This Agreemen~ shall not be construed as an admission by <br /> any of the Parties of any liability or of any improper or wrongful <br /> conduct in connection with any matter in dispute or otherwise. <br /> 6. This Agreement is intended by all of the undersigned <br /> Parties to be the full, final and complete agreement governing the <br /> matter set forth above, and all Parties acknowledge that they have <br /> had representation of counsel and have, in fact, consulted with <br /> counsel prior to the execution of the Agreement, and all Parties <br /> hereto further acknowledge that they are not executing th~ <br /> 14'>61)7 3 <br />