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? <br /> <br />WHEREAS, the releases made and given herein have been made and given without reliance <br />upon any statement or representation of the Parties hereto, except for the express representations and <br />warranties contained herein. <br />NOW, THEREFORE, for and in consideration of the above premises, the mutual promises, <br />releases, and agreements herein contained, and for other good and valuable consideration, the Parties <br />hereto agree as follows: <br />Section 1. Settlement and Release. <br />(A) Settlement by the City: In consideration of the Release and Covenant and other good and valuable <br />benefits herein, the City does hereby settle this disputed and contested claim and agree to pay CCI the <br />amount of Five Thousand Dollars $5,000.00. Without admission of liability but to generally describe the <br />Parties dispute and compromise, the City alleges that it had installed and maintained communications <br />equipment and antennae on the rooftop premises and tower located at the Westbury Tower Apartments, <br />with the authorization and consent of the property owner and CCI for many years, even decades; CCI <br />alleges that it had acquired an ownership interest in the rooftop premises and tower which did not include <br />or recognize the City's alleged interest; the Parties further dispute the circumstances in which the City <br />has continued to improve and expand its equipment on the tower over CCI's objection. The Parties <br />accordingly prefer to set aside their dispute and compromise the claim by payment from the City in a <br />single lump sum amount of $5,000.00. <br />(B) Release by CCI: In consideration of the Settlement herein and other good and valuable benefits, <br />CCI does hereby release and forever discharge the City, its Council, Council members, officers, officials, <br />employees, agents, independent contractors, in both individual and official capacities, its third party <br />administrators, including any and all communication service providers, insurers, and any and all other <br />officials, agents, employees, jointly and severally, in all capacities, of and from all manner of action, <br />2 <br />. ?., . ?