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<br /> EXHIBIT A <br /> <br /> NO. 91-0319 <br /> CITY OF SAN MARCOS § IN THE DISTRICT COURT <br /> § <br /> VS. § CALDWELL COUNTY, TEXAS <br /> § <br /> LOWER COLORADO RIVER § <br /> AUTHORITY § 274TH JUDICIAL DISTRICT <br /> MUTUAL RELEASE AGR~MENT <br /> THIS FULL, FINAL AND COMPLETE MUTUAL RELEASE (this <br /> "Release") is executed this - day of April, 1992, by the Lower Colorado <br /> River Authority, a conservation and reclamation district created and existing <br /> under the Lower Colorado River Authority Act of 1934, as amended ("LCRA") , <br /> and this - day of April, 1992, by the City of San Marcos, a municipal <br /> corporation and home rule city in Hays County, Texas ("San Marcos"), with <br /> respect to the matters set forth below. <br /> WHEREAS, LCRA and San Marcos entered into a Memorandum of <br /> Understanding dated June 6, 1986, a Purchase Agreement dated October 30, <br /> 1986, an Operating Agreement dated September 1, 1986, and a Wholesale <br /> Power Agreement dated September 1, 1986 (hereinafter collectively referred to <br /> as the "LCRA-San Marcos Agreements"), true and correct copies of which are <br /> attached to San Marcos' First Amended Original Petition for Declaratory <br /> Judgment in the above-referenced cause (the "Lawsuit"); <br /> WHEREAS, San Marcos has asserted claims against LCRA for failure of <br /> consideration under Section 5.02 of the Purchase Agreement, and has pursued <br /> related claims for declaratory relief and damages in the Lawsuit; <br />