|
<br />RELEASE
<br />
<br />13. The parties mutually release and forever discharge one another, and their respective governing bodies,
<br />
<br />officers, directors, employees, agents, consultants, heirs, successors, administrators, executors, assigns,
<br />
<br />attorneys and servants from any and all actions, causes of action, claims, demands, costs, losses, expenses,
<br />
<br />liabilities, attorney's fees, and debts whatsoever, in law or in equity, which either party may have against
<br />
<br />the other party on account of any matter or thing which will or has happened, developed, or occurred in the
<br />
<br />past, present or future, whether known or unknown, suspected or unsuspected only as related to the Dispute
<br />
<br />as set forth herein.
<br />
<br />14. This full and mutual release shall include, but not be limited to, anything which has happened,
<br />
<br />developed, or occurred in the past, present or future, whether known or unknown, suspected or
<br />
<br />unsuspected, or in any other manner only as related to the Dispute as set forth herein.
<br />
<br />15. This release shall in no way affect or release the parties' rights and obligations regarding the Project,
<br />
<br />excluding the Dispute, as set forth in the Contract Documents for the Project including, but not limited to,
<br />
<br />any and all Performance Bonds, guarantees and warranties ofIGP, its subcontractors, laborers, service
<br />
<br />providers, agents, independent contractors and suppliers.
<br />
<br />16. The parties shall refrain and forbear from commencing, instituting, continuing or participating in,
<br />
<br />either as a named or unnamed party, any lawsuit, action or other proceedings against each other, or their
<br />
<br />respective governing bodies, officers, directors, employees, agents, consultants, heirs, successors,
<br />
<br />administrators, executors, assigns, attorneys, and servants, based on or arising out of any of the facts or
<br />
<br />circumstances which are the subject of the Dispute and this Agreement with the exception of filing all
<br />
<br />written documents which are or may be necessary to effectuate this Agreement.
<br />
<br />17. Each party represents that they have read, consulted with counsel, and fully understands the statutory
<br />
<br />language of Section 1542 of the Civil Code of the State of California and on that basis expressly and
<br />
<br />Settlement Agreement and Mutual Release
<br />Page 3
<br />
|