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<br /> N. Coffee hereby ratify all prior collection actions of Liberty regarding collec-
<br /> tion of the notes and guarantees described above, and further agree that all of
<br /> the balances of CEl and Jon N. Coffee's loans and deposit accounts at the bank
<br /> have a zero balance.
<br /> 2. Release by the City. The City hereby releases, acquits and for-
<br /> ever discharges CEI, Jon N. Coffee, and International, together with their respec-
<br /> tive owners, successors, assigns, directors, officers, shareholders, affiliates, subsid-
<br /> iaries, agents, servants, employees, attorneys, and representatives, and all persons
<br /> acting by, through, under or in concert with any of them, from any and all
<br /> rights, claims, causes of action, damages and demands of any nature whatsoever,
<br /> whether in tort or contract, at law or in equity, whether accrued or unaccrued,
<br /> whether known or unknown, fixed or contingent, and whether suspected or unsus-
<br /> pected, which the City now has, owns or holds, claims to have, own or hold, or
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<br /> any time heretofore had, claimed, owned, held or claimed to have, claimed to
<br /> own or claimed to hold, that arise out of the matters, transactions or occur-
<br /> rences relating to the construction work performed by CEl on the Project or
<br /> relating to any claim or counterclaim asserted or which would be required under
<br /> Rule 97(a) of the Texas Rules of Civil Procedure to be asserted in the Lawsuit.
<br /> Without limiting the foregoing, the City expr,essly releases In terna tional from any
<br /> claim relating to or arising from In terna tional' s handling, in ves tiga tion, or se t tle-
<br /> ment of the City's claims against CEI, Coffee, or International, including any
<br /> statutory, common law, or extra-contractual claim for bad faith settlement
<br /> practices.
<br /> 3. Release by International. International hereby releases, acqui ts
<br /> and forever discharges CEI, Jon N. Coffee, the City, Bank One and Liberty,
<br /> together with their respective owners, successors, assigns, directors, officers,
<br /> shareholders, affiliates, subsidiaries, agen ts, servants, employees, attorneys, and
<br /> COMPROMISE AND SETTLElvÆNT AGREEMENT AND MUTUAL RELEASE Pa{{e 6
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