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1. The Estate of Anne Donovan acknowledges receipt of a claim by the City <br />in the amount of Thirteen Thousand Two Hundred and Seventy Dollars ($13,270.00) for <br />kennel service fees incurred prior to decedent's death and invoiced March 31, 2003. The <br />Estate of Anne Donovan does not dispute the claim but denies its ability to pay in full <br />and hereby agrees to partial payment of the claim in exchange for the City's compromise <br />and release of the balance. <br />2. The Estate of Anne Donovan agrees to pay the City in full and final <br />satisfaction of kennel services incurred and invoiced prior to her death in the total <br />amount of Four Thousand and Four Hundred Dollars ($4,400.00); such payment shall be <br />tendered in full by the Administrator immediately and in conjunction with the execution <br />and in exchange for this Agreement and Release. <br />3. In consideration of and upon the payment in Paragraph 2, the City hereby <br />releases and forever discharges the Estate of Anne Donovan and its Administrator or her <br />successors in interest, from any and all claims and demands, rights and causes of action <br />of any kind whatsoever, and for any and all injury or loss suffered or to be suffered, <br />whether relating to property interests or otherwise, which now exist or hereafter may <br />exist, from the beginning of time until the present, including but not limited to any and <br />all claims which relate to or arise in any way from the City's kennel service fees dated <br />March 31, 2003. <br />4. This Agreement and Release covers all claims for damages of the City <br />against the Estate of Anne Donovan whether or not contemplated at the present time and <br />expresses a full and complete settlement of any and all liability claimed and denied, <br />regardless of the adequacy of the above consideration. <br />5. This Agreement and Release may be used as evidence in any subsequent <br />proceeding and is specifically intended for an Account to the Cuyahoga County Probate <br />Court. <br />6. This Agreement constitutes the entire agreement and understanding <br />between the City and the Estate of Anne Donovan. No modification to this Agreement <br />may be made unless in writing, signed by both parties. <br />WITNESS, the parties have each signed this Settlement Agreement and Release <br />on the 9,P— day of , 2005, in Cuyahoga County, Ohio. <br />2 <br />