Res 1992-050 - Laserfiche WebLink

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Judicial District; ii) any disputes between LCRA and San Marcos that may arise during the period from the date of this Release until October 31, 1992 (unless extended by mutual agreement of LCRA and San Marcos) concerning: (a) the assets covered by San Marcos' option under Sections 9.3 and 9.4 of the Operating Agreement; or (b) any purchase of such assets by San Marcos pursuant to exercise of the option; and iii) any claims by LCRA for failure of San Marcos to perform its obligations under the Wholesale Power Agreement from and after the date of this Release, including the obligation to take power from LCRA under the terms of the Wholesale Power Agreement and to pay LCRA for the power supplied at rates established from time to time by the Public Utility Commission of Texas for the voltage level at which such power is delivered. 2. San Marcos, for its successors, assigns and legal representatives, hereby releases and forever discharges LCRA, and LCRA's successors, assigns and legal representatives, including without limitation LCRA's directors, officers and agents, of and from all claims, demands, debts, obligations, liabilities, costs, expenses, compensatory damages, consequential damages, exemplary and punitive damages, attorneys' fees, and all actions and causes of action (whether in contract or in tort), or suits in equity, that are now or may in the future be owned, held or possessed by San Marcos in any capacity, arising out of, resulting from, or in any way connected with the LCRA-San Marcos Agreements (the "Released San Marcos Claims"). This release excludes: i) the issues of reimbursement of rate case expenses and approval of the -non- unanimous stipulation raised in paragraphs VII and VIII of the Plaintiffs Original Petition, Cause No. 91-8665, City of San Marcos and Its Agent, the Electric Utility Board v. Public Utility Commission of Texas, filed in the District Court of Travis County, Texas, 167th Judicial District; ii) any disputes between LCRA 3