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<br />AM%
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<br />Plaintiff, its parents, subsidiaries, affiliates, successors, and assigns had or have upon or by reason of
<br />any fact, matter cause or thing whatsoever arising from or relating to the public improvement project that
<br />is the subject of the Lawsuit, including but not limited to: (i) any and all claims based upon the U.S.
<br />Constitution including, but not limited to, the Takings, Due Process, and Equal Protection Clauses, (ii)
<br />any and all contract claims, whether express, implied, quasi-contract, promissory estoppel, specific
<br />performance, unjust enrichment, or otherwise; (iii) any and all tort claims, including but not limited to,
<br />those for gross negligence, negligence, willful and wanton misconduct, intentional tort, tortious
<br />interference with contractual relations and the like; (iv) any and all claims arising with respect to any
<br />deprivation of Plaintiffs' rights under the Ohio Constitution; and (v) any and all other claims, whether
<br />based on federal, state, or local statute, rule, regulation, or law, whether sounding in tort, contract, quasi-
<br />contract, equity, civil rights, discrimination, public policy, mandamus, injunction, prohibition,
<br />declaratory relief, quo warranto, administrative appeals, or otherwise, whether known or unknown,
<br />arising from any circumstances or facts, acts or omissions, pertaining to the relationship between and
<br />among the Parties, the Litigation and the allegations and controversies related or giving rise thereto
<br />(collectively, the "Released Claims"). Plaintiff further specifically covenants and agrees that neither
<br />they, nor anyone on their behalf, will sue the Defendant or any of the aforementioned persons released
<br />herein, i.e. officials, members, officers, employees, agents, representatives, attorneys, successors, or
<br />assigns, in either their personal or official capacities, with respect to the Released Claims.
<br />(B) Later Discovered Facts.
<br />The Parties acknowledge that they may hereafter discover facts different or in addition to those which
<br />they now lrnow or believe to be true with respect to the claims released, discharged and/or compromised
<br />by this Agreement, or may change their opinion as to the meaning or significance of the facts heretofore
<br />discovered. The Parties hereby agree that in such event, this Agreement shall nevertheless be and remain
<br />binding and effective in all respects notwithstanding such different or additional facts, or the discovery
<br />thereof.
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