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<br />. - - 124 <br /> <br /> <br />RELEASE OF ALL CLAIMS <br /> <br /> <br />FOR AND IN CONSIDERATION of the payment to SAN MARCOS JOINT VENTURE, <br /> <br /> <br />("Releasing Parties") of the sum of FORTY TIlOUSAND AND 00/100 DOLLARS ($40,000.00), the <br /> <br /> <br />receipt of which is hereby acknowledged, the Releasing Parties, being of lawful age or otherwise <br /> <br /> <br />legally competent to contract, do hereby release, acquit and forever discharge THE CITY OF SAN <br /> <br /> <br />MARCOS, its successors and assigns and any and all other persons, fmns, attorneys, subsidiaries or <br /> <br /> <br />corporations in privity with them, specifically including Lloyds Insurance Company or any other <br /> <br /> <br />insurance carrier for the Released Parries ("Released Parties"), from any and all liability now accrued <br /> <br /> <br />or hereafter to accrue on account of any and all claims or causes of action which the Releasing Parties <br /> <br /> <br />.now or may hereafter have under any and all theories of liability, including, but not limited to, inverse <br /> <br />condemnation, negligence, gross negligence, intentional torts, and breach of contract, for any personal <br /> <br /> <br />injuries, on the job injuries, damage to property, loss of services and consortium, wages or wage <br /> <br /> <br />earning capacity, medical expenses, and any and all losses or damages, actual or punitive, of any and <br /> <br /> <br />every kind or nature whatsoever, now known or that may hereafter develop, and all costs and <br /> <br />expenses, including attorneys' fees, incurred by the Releasing Parties sustained as a result of or as a <br /> <br /> <br />- possible result of the factual matters described in Plaintiff's Original Petition or any subsequently <br /> <br /> <br />amended petitions filed in Cause No. 88-0108 in the 274th District Court of Hays County, Texas, <br /> <br /> <br />styled, San Marcos Joint Venture v. City of San Marcos; including without limitation the <br /> <br /> <br />JI: - development moratoriums enacted by TIlE CITY OF SAN MARCOS on April 16, 1984 and on June <br /> <br /> <br />13, 1984, and the Letter of Invitation, Understanding and Agreement for Reservation of Wastewater <br /> <br /> <br />Package Plant Capacity entered into between TIlE CITY OF SAN MARCOS and the SAN MARCOS. <br /> <br /> <br />- JOINT VENTURE on or about September 24, 1984; arising out of or brought undér all policies of <br /> <br /> <br /> <br />RELEASE\ 11913\rele:ose <br /> <br /> <br />-1- <br />