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<br /> WHEREAS, LCRA has disputed all claims made by San Marcos and has <br /> asserted counterclaims for reformation, rescission and other relief in the <br /> Lawsuit, which claims have been disputed by San Marcos; <br /> WHEREAS, all matters asserted in the Lawsuit have been settled and <br /> compromised by and between LCRA and San Marcos; <br /> NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT, in <br /> consideration of the mutual promises and agreements of LCRA and San <br /> Marcos reflected in the Compromise and Settlement Agreement of even date <br /> herewith, and other good and valuable consideration, the sufficiency of which is <br /> hereby acknowledged, LCRA and San Marcos agree as follows: <br /> 1. LCRA, for its successors, assigns and legal representatives, <br /> hereby releases and forever discharges San Marcos, and San Marcos' <br /> successors, assigns and legal representatives, including without limitation San <br /> Marcos' employees, city council members, officers and all other agents, of and <br /> from all claims, demands, debts, obligations, liabilities, costs, expenses, <br /> compensatory damages, consequential damages, exemplary and punitive <br /> damages, attorneys' fees, and all actions and causes of action (whether in <br /> contract or in tort), or suits in equity, that are now or may in the future be owned, <br /> held or possessed by LCRA in any capacity, arising out of, resulting from, or in <br /> any way connected with the LCRA-San Marcos Agreements (the "Released <br /> LCRA Claims"). This release excludes: i) the issues of reimbursement of rate <br /> case expenses and approval of the non-unanimous stipulation raised in <br /> paragraphs VII and VIII of the Plaintiffs Original Petition, Cause No. 91-8665, <br /> City of San Marcos and Its Agent, the Electric Utility Board v. Public Utility <br /> Commission of Texas, filed in the District Court of Travis County, Texas, 167th <br /> 2 <br />