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<br /> . ~'Ic' <br /> WHEREAS, the Chapter 11 Plan confirmed in the CEI Bankruptcy Case <br /> provides for Liberty to receive two-thirds (2/3) of any recovery of CEl's accounts <br /> receivable by the Debtor-in-Possession with the remaining one-third (1/3) to be <br /> paid to the Debtor-in-Possession for collection costs and attorneys' fees; and <br /> WHEREAS, CEl filed this La wsui t against the City in state court in Hays <br /> Coun ty, Texas seeking damages and complaining of alleged causes of action, <br /> including but not limited to breach of contract, tortious interference with con- <br /> tract, and other tortious conduct in connection with the Project; and <br /> WHEREAS, the City asserted counterclaims against CEl for alleged breach <br /> of contract by CEl and filed a third-party claim against International asserting <br /> claims under the Performance Bond; and <br /> WHEREAS, In terna tional has sought leave to file a third-party declaratory <br /> action against Liberty and Bank One to determine the Parties' respective righ ts <br /> . <br /> to any unused collateral funds relating to the Letters of Credit; and <br /> WHEREAS, by reason of such disputes and controversies and in order to <br /> avoid further time, expense and uncertain ties of Ii tiga tion, the Parties desire to <br /> enter into a final Compromise and Settlement Agreement and Mutual Release and <br /> settle all claims and causes of action of any kind w ha tsoever which they now <br /> - <br /> have or may have in the future, except thpse specifically reserved herein; and <br /> desire to set forth the complete terms and condi tions of the Parties' Agreement <br /> in this Agreement. <br /> NOW, THEREFORE, for and in consideration of the mutual promises and <br /> conditions contained herein, and the payment by the City to CEl, through Jon <br /> Coffee, Trustee, in the amount of FIFTEEN THOUSAND AND NO/IOO DOLLARS <br /> ($15,000.00) and the payment by International in the amount of SIXTY FIVE <br /> THOUSAND AND NO/100 DOLLARS ($65,000,00), which represents the refund of <br /> the unused collateral funds relating to the Letters of Credit, to be made in the <br /> COMPRG:MISE AND SETTLEMENT AGREEMENT AND MUTUAL RELEASE PaRe 4 <br />