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6. Release of Claims.
<br />a. In consideration of the above - referenced payments and other good and
<br />valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Temple
<br />and any and all of its affiliated and related companies, successors, assigns, officers, directors,
<br />employees, agents, and attorneys (the "Temple Releasing Parties ") agree to release, discharge and
<br />covenant not to sue the City, its successors and assigns, and all its respective present and former
<br />elected and appointed officials, employees, agents, and attorneys (the "City Released Parties "),
<br />from and for any and all claims, demands, damages, lawsuits, obligations, promises, administrative
<br />actions, charges and causes of action, both known or unknown, in law or in equity, of any kind
<br />whatsoever, which the Temple Releasing Parties ever had, now have, or may have against the City
<br />Released Parties upon or by reason of any matter, cause or thing whatsoever, up to and including
<br />the date of this Agreement, including but not limited any and all claims and causes of action
<br />founded in tort, contract (oral, written or implied) or any other common law, statutory or equitable
<br />basis of action.
<br />b. In consideration of the above - referenced payments and other good and
<br />valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and
<br />all its respective present and former elected and appointed officials, employees, agents, and
<br />attorneys (the "City Releasing Parties ") agree to release, discharge and covenant not to sue the
<br />Temple and any and all of its affiliated and related companies, successors, assigns, officers,
<br />directors, employees, agents, and attorneys (the "Temple Released Parties "), from and for any and
<br />all claims, demands, damages, lawsuits, obligations, promises, administrative actions, charges and
<br />causes of action, both known or unknown, in law or in equity, of any kind whatsoever, which the
<br />City Releasing Parties ever had, now have, or may have against the Temple Released Parties upon
<br />or by reason of any matter, cause or thing whatsoever, up to and including the date of this
<br />Agreement, including but not limited any and all claims and causes of action founded in tort,
<br />contract (oral, written or implied) or any other common law, statutory or equitable basis of action.
<br />7. Representations and Warranties of the Temple. The Temple hereby represents
<br />and warrants to the City as of the date of this Agreement:
<br />a. There are no legal actions, suits, or similar proceedings pending and served
<br />or threatened in writing against the Temple that would adversely affect its ability to consummate
<br />this Agreement; and
<br />b. The Temple has received all corporate and other approvals necessary to
<br />enter into this Agreement on its behalf and that the persons signing this Agreement on its behalf
<br />are fully authorized to commit and bind the Temple to each and all of the commitments, terms,
<br />and conditions hereof and to release the claims described herein, and that all documents and
<br />instruments relating thereto are or upon execution and delivery will be valid and binding
<br />obligations enforceable against it in accordance with their respective terms.
<br />8. Representations and Warranties of the City. The City hereby represents and
<br />warrants to the Temple as of the date of this Agreement:
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