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expenses unless the various disputes, prospective complaints and appeals are settled
<br />and terminated between them at this time and each desire to resolve all claims, disputes,
<br />and issues between them concerning issues arising out of and/or relating to the above
<br />actions and subject incident referenced above.
<br />H. WHEREAS, each Agreeing Party disputes each and every claim and
<br />allegation asserted by the other in the above actions, and contend that the other Agreeing
<br />Party is not entitled to any damages or recovery from them whatsoever. Liability is
<br />expressly denied by the Agreeing Parties with respect to the allegations asserted against
<br />them.
<br />I. WHEREAS, released in this Agreement are any and all past and present
<br />claims, demands, obligations, and/or causes of action for compensatory or punitive
<br />damages, injuries, costs, losses, expenses, attorneys' fees, investigative expenses,
<br />whether based on tort, contract or other legal equitable theories of recovery, against the
<br />Agreeing Parties, including their respective representatives, predecessors, and
<br />successors in interest, heirs, assigns, and their past and present principals, officers,
<br />directors, shareholders, servants, members, partners, subsidiaries, affiliated companies,
<br />agents, independent contractors, employees, employers, assignees, devisees, attorneys,
<br />and insurers arising from the subject listed in the above referenced action. Agreeing
<br />Parties agree that this compromise and settlement shall constitute a bar to all such
<br />claims, demands, obligations, or causes of action, potential or otherwise, except as
<br />specifically outlined in the Reservation of Rights section of this Agreement.
<br />I WHEREAS, it is the intent of the Agreeing Parties to fully and finally resolve
<br />any and all claims, charges, allegations (known or unknown, suspected or unsuspected)
<br />arising out of, from or in any way related to the subjects listed in the above referenced
<br />actions.
<br />II. REPRESENTATIONS OF THE PARTIES
<br />The Agreeing Parties represent as follows:
<br />A. That each expressly has the authority to execute this Agreement, and that
<br />this Agreement as so executed shall be binding upon its successors and assigns; and
<br />B. That the representation set forth above shall endure forever and shall
<br />survive the execution of this Agreement and the settlement and dismissals of the subjects
<br />in the above referenced actions.
<br />iii. AGREEMENT AND RELEASE
<br />NOW, THEREFORE, in consideration of the foregoing, the following respective
<br />provisions, promises, and covenants, the Agreeing Parties hereto agree and release as
<br />follows:
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