R2001-124 AUTHORIZING TERMINATION OF CONTRACT

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settlement agreement that there shall be no claims for reimburse- ment by Decatur for claims of alleged breach of contract and/or claims based on tort or any other legal or equitable claims and the parties mutually agree that all claims against and between each of the undersigned arising out of the Agreement are hereby released and discharged and in consideration of the aforesaid payment and for all other considerations described herein. THE PARTIES HERETO DO HEREBY RELEASE, ACQUIT AND FOREVER DISCHARGE each other and our respective agents, servants, direc- tors, elected and appointed officials, officers, owners, employ- ees, agents, and all other persons, firms, corporations, associa- tions or partnerships of and from any and all claims, actions, causes of actions, interests, attorneys fees, demands, rights, damages, costs, loss of service, expense and compensation whatso- ever which the undersigned now have or which may hereafter accrue on account of or in any way growing out of the above-described Agreement, any of the related transactions, occurrences or events resulting from or related to the above-referenced contract . IT IS UNDERSTOOD AND AGREED that this settlement is the compromise of a doubtful and disputed claim by both parties and that the benefits received herein are not to be construed as an admission of liability by either party and that this release and termination agreement is merely intended to avoid litigation and buy peace for each party. IT IS UNDERSTOOD AND AGREED that Suburban shall indemnify, defend and hold Decatur harmless from any and all claims, demands and causes of action whatsoever asserted against Decatur due to the leaf removal program arising out of the negligent acts and/or willful or wanton acts of Suburban. THE UNDERSIGNED HEREBY DECLARE and represent that any injuries and/or damages sustained are or may be permanent and progressive and that the recovery therefrom is uncertain and indefinite and in making this Joint and Mutual Release of All Claims and Contract Termination Agreement it is understood and agreed that the undersigned rely wholly upon their own judgment, belief and knowledge of the nature, extent, effect and duration of said injuries and damages and liability therefor and is made without any reliance upon any statement or representation of the parties hereby released or their representatives or any attorneys or other parties upon whom the undersigned have relied. THE UNDERSIGNED DECLARE and represent that there may be known or unknown, anticipated or unanticipated injuries or damages resulting from the above-described contract and transac- tion arising out of said contract and that in making this Joint and Mutual Release of All Claims it is understood and agreed that this Joint and Mutual Release of All Claims is intended to include any such injuries or damages whether known or unknown, whether anticipated or unanticipated.