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<br /> representatives, and all persons acting by, through, under or in concert with any
<br /> of them, from any and all rights, claims, causes of action, damages and demands
<br /> of any nature whatsoever, whether in tort or contract, at law or in equity,
<br /> whether accrued or unaccrued, whether known or unknown, fixed or contingent,
<br /> and whether suspected or unsuspected, which International now has, owns or
<br /> holds, claims to have, own or hold, or any time heretofore had, claimed, owned,
<br /> held or claimed to have, claimed to own or claimed to hold, that arise out of
<br /> the matters, transactions or occurrences relating to the construction work per-
<br /> formed by CEI on the Project or relating to any claim or counterclaim asserted
<br /> or which would be required under Rule 97(a) of the Texas Rules of Civil Proce-
<br /> dure to be asserted in the Lawsuit, including any claim to the balance of any
<br /> contract funds.
<br /> 4. Release by Liberty and Bank One. Liberty and Bank One, on
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<br /> behalf of themselves and acting as successors- in - interest to CNB and MBank
<br /> respecti vely, hereby release, acquit and forever discharge Jon N. Coffee, CEl and
<br /> International and the City together with its respective owners, successors, assigns,
<br /> directors, officers, shareholders, affiliates, subsidiaries, agents, servants, employ-
<br /> ees, attorneys, and represen tat i ves, and all persons acting by, through, under or
<br /> .-
<br /> in concert with any of them, from any and, all rights, claims, causes of action,
<br /> damages and demands of any nature whatsoever, whether in tort or contract, at
<br /> law or in equity, whether accrued or unaccrued, whether known or unknown,
<br /> fixed or contingent, and whether suspected or unsuspected, which either of them
<br /> now have, own or hold, claim to have, own or hold, or any time heretofore had,
<br /> claimed, owned, held or claimed to have, claimed to own or claimed to hold.
<br /> that arise out of the matters, transac tions or occurrences relating to the letters
<br /> of credit and the handling of the collateral funds by In terna tional. Without
<br /> limiting the foregoing, Liberty releases, acquits, and forever discharges CEl and
<br /> COMPROMISE AND SETTDEMENT AGREEMENT AND MUTUAL RELEASE Page 7
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