Res 1993-116 - Laserfiche WebLink

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.)1{ II 7. Dismissal of Lawsuit. It is further understood and agreed that, - concurren tly with the full and complete execution hereof by all the Parties hereto. CEI, as Plaintiff in the Lawsuit, the City, as Defendant, and Interna- tional, as Third-Party Defendant, shall execute and file an agreed order in proper form, fully and completely dismissing the Lawsuit, including any and, all factual allegations, claims and counterclaims asserted or which could have been asserted therein, with prejudice to the rights of the Parties to refile same or any part thereof. 8. Bindin~ Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and to their respective heirs, repre- sentatives, successors and assigns. 9. Entire Agreement and Amendments. This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and ~ supersedes any and all prior agreements, arrangements, or understandings between the Parties hereto relating to the subject matter hereof. There are no oral understandings, statements, or promises or inducements relating to this Agreement or to this subject matter hereof. This Agreement may not be modified or ter- minated except by an agreement in writing, signed by each of the Parties hereto. , 10. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas. All acts con- templated by this Agreement shall be performed in Hays County, Texas, and all venue hereunder shall be so in Hays County, Texas. 11. Severability. If any of the provisions of this Agreement is or should ever be held to be illegal, invalid, or unenforceable, by a court of com - petent jurisdiction, it is the intention of the Parties that the remaining provi- sions shall remain in full force and effect, and that in lieu of each such COMPROMISE AND SETTLEMENT AGREEMENT AND MUTU1\L RELEASE Pa/?:e 9