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JOINT AND MUTUAL RELEASE OF ALL CLAIMS <br /> AND CONTR.ACT TERMINATION AGREEMENT <br /> KNOW ALL MEN BY THESE PRESENTS : <br /> This Agreement made between Suburban, Inc . , an Illinois <br /> Corporation (hereinafter referred to as Suburban) , and the City <br /> of Decatur, an Illinois Municipal Corporation, hereinafter <br /> referred to as Decatur) . <br /> WITNESSETH <br /> WHEREAS, Suburban and Decatur entered into a five-year <br /> agreement for the removal of leaves in the City of Decatur, a <br /> copy of said Agreement is attached hereto, marked Exhibit A and <br /> made a part of this Joint and Mutual Release and Contract Termi- <br /> nation Agreement; and, <br /> WHEREAS, it is the parties joint desire to terminate any <br /> and all further contractual obligations of each of the parties <br /> herein under the attached Agreement; and, <br /> WHEREAS, pursuant to Section 4 . 1 and Section 4 . 2 of the <br /> Agreement, Decatur has paid Suburban $518, 800 . 00 to date, and, <br /> WHEREAS, the parties have agreed that Suburban shall be <br /> entitled to retain any and all benefits received by Suburban as a <br /> result of the Agreement, including but not limited to, the cash <br /> payments of $518, 800 . 00 and in exchange Suburban will waive and <br /> relinquish any and all claims for additional monies owed by <br /> Decatur to Suburban pursuant to the Agreement and further that <br /> Decatur shall waive and relinquish any and all claims by Decatur <br /> against Suburban for breach of contract and/or any and all tort <br /> claims, legal remedies, equity claims and any and all other <br /> claims that Decatur may have against Suburban arising out of the <br /> Agreement . <br /> NOW, THEREFORE, THE PARTIES HERETO for and in consideration <br /> of mutual covenants and agreements contained herein, agree as <br /> follows : <br /> IT IS UNDERSTOOD the City and Suburban do hereby declare <br /> that the Agreement marked Exhibit A is terminated and of no <br /> further effect as of June 25, 2001, and Suburban expressly waives <br /> the right to any further payments after said date pursuant to the <br /> provisions thereof, including but not limited to those provided <br /> in Article VIII . <br /> IT IS UNDERSTOOD that Suburban' s right to retain any and all <br /> payments received by Suburban from Decatur is a condition of this <br />