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• NOW, THEREFORE, in consideration of the mutual covenants contained in <br />this Release and their intent to be legally bound by them, pursuant to the foregoing <br />recitals, and the promises set forth below, the parties agree to fully and finally settle all <br />claims between them as follows: <br />1. No Cost Utility Billing and Collection. Connexus shall forgive and forego collection of <br />fees owed by the City, for the utility billing and collection services for the third and fourth <br />quarters of 2007 and the first quarter of 2008 through March 31, 2008. <br />2. Release. Except to the extent specifically set forth herein, each of the parties to this <br />Release, together with their respective successors, predecessors, subsidiaries, representatives, <br />assigns, past, present and future, hereby expressly agree to, and in fact do, mutually release and <br />discharge each party to this Release from any and all past and present claims, demands, liens, <br />agreements, contracts, covenants, debts, expenses, damages, judgments, liabilities, costs, <br />disbursements" attorneys fee, obligations or causes of action, arising out of or concerning the <br />Billing Services Agreement as of the date this Release is made and entered into. It is the intent of <br />the parties to fully resolve and compromise all claims relating to the Billing Services Agreement <br />except as set forth herein, but to not effect any rights or liabilities for matters not related to the <br />Billing Services Agreement. <br />3. Service until termination. From the date hereof to March 31, 2008 Connexus will <br />continue collection services and make remittances to City as per the terms of the Billing Services <br />Agreement. <br />4. Transfer of Records. City and Connexus agree that the transfer of records requirements <br />of the Billing Services Agreement shall be satisfied by Connexus' performance of the Project <br />Scope of Work dated January 14, 2008 for which City shall pay Connexus the sum of $0.00. <br />The said Project Scope of Work is incorporated herein and attached hereto as Exhibit A. <br />Authority. The persons signing this Release in their representative capacity represent and <br />warrant by signing this Release that it is their intent to bind their respective principals to the <br />terms and conditions set forth herein, that the persons signing in their respective capacity have <br />-107- <br />