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Upon the formal authorization, adoption and execution of the Agreement by Defendant, payment shall be
<br />immediately requisitioned from and issued by North Olmsted in the total amount of Thirty Thousand
<br />($30,000.00) Dollars. Such payment shall be issued by North Olmsted in the ordinary course of the City
<br />finances, as expeditiously as reasonably possible following the said formal authorization, adoption and
<br />execution of this Agreement.
<br />Section 2. Dismissal of suit with Prejudice by Plaintiff.
<br />The Parties direct their respective legal counsel to sign a Notice of Voluntary Dissmissal, which is
<br />attached hereto as Exhibit A and expressly incorporated herein by reference, which would result in Shelly
<br />Company, et al., v. Ciry of North Olmsted, Cuyahoga County Common Pleas Court Case No.
<br />05CV574174, being dismissed with prejudice, costs taxed to Defendant City of North Olmsted, subject
<br />however to the timely receipt of payment in accordance with Section 1 herein. The Parties stipulate to
<br />the sufficiency of consideration in support of said Exhibit A, as well as this Release and Settlement
<br />Agreement. The Parties further agree to do any and all other things necessary to accomplish dismissal of
<br />the Litigation with prejudice.
<br />Section 3. Release of all claims bv Plaintiff against Defendant.
<br />(A) Release by Plaintiff: In consideration of the Settlement herein and other good and valuable
<br />benefits, Plaintiff does hereby release and forever discharge the Defendant, its Mayor, Council, Board of
<br />Control, officers, officials, employees, agents, independent contractors, in both individual and official
<br />capacities, its third party administrators, if any, and any and all other officials, agents, employees, jointly
<br />and severally, in all capacities, of and from all manner of action, causes of action, suits, debts, dues, sums
<br />of money, attorneys' fees, accounts, bonds, bills, promises, controversies, covenants, contracts,
<br />agreements, damages (whether compensatory, economic, restitution, punitive, or otherwise), pre-
<br />judgment or post-settlement interest, expenses, claims, and demands whatsoever, whether now lrnown ar
<br />unknown, existing at, or at any time prior to, the date hereof, in law, in equity ar otherwise, which
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