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<br />2. Release of Claims
<br />
<br />In exchange for payment, Ebert, on behalf of itself and each of its officers, directors,
<br />partners, employees, shareholders, affiliates, agents, servants, attorneys, accountants,
<br />insurers, successors, heirs and assigns, does hereby release and forever discharge,
<br />solely and exclusively with regard to the Project, SEH and the City and each of their
<br />respective past and present officers, directors, shareholders, partners, affiliates,
<br />subconsultants, servants, accountants, attorneys, insurers, ~emp!oyees, subsidiaries,
<br />divisions, successors, heirs and assigns, from any and all claims, demands,
<br />obligations, lawsuits, causes of action, costs, expenses, attorney's fees and liabilities
<br />of any nature whatsoever, whether based on contract, tort, statutory or other legal or
<br />equitable theory of recovery, whether known or unknown, for additional payment on
<br />its contract, increased costs incurred to complete work on the project, or any other
<br />claim for damages, additional compe~satio~ or payrnent for serviCes r~ndered on she
<br />Project.
<br />
<br />In exchange for payment, SEH and the City, on behalf of themselves and each of
<br />their officers, directors, partners, employees, shareholders, affiliates, agents, servants,
<br />attorneys, accountants, insurers, successors, heirs and assigns, do hereby release and
<br />forever discharge, solely and exclusively with regard to the project, Ebert and each
<br />of its respective past and present officers, directors, shareholders, partners, affiliates,
<br />subconsultants, servants, accountants, attorneys, insurers, employees, subsidiaries;
<br />divisions, successors, heirs and assigns, from any and all claims, demands,
<br />obligations, lawsuits, causes of action, costs, expenses, attorney's fees and liabilities
<br />of any nature whatsoever, whether based on contract, tort, statutory or other legal or
<br />equitable theory of recovery, whether known or unknown, for additional payment,
<br />additional services, liquidated damages, increased costs incurred to complete the
<br />work, or any other claim for damages, additional compensation or payment ar/sing
<br />from Ebert, City or SEH's work on the Project.
<br />
<br />Ebert, City and SEH agree that the release set out in this agreement does not include,
<br />and does not release claims for warranty work required under the agreement, or
<br />claims for defective wonkm~_nsb/p or desitin_ that are discevered~ or .arise subsequent
<br />to the date of this agreement.
<br />
<br />3. COvenants
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<br />Except as to an action to enforce this Agreement, Ebert, SEH, and the City covenant
<br />and agree that they will not, at any time hereafter, either directly or indirectly initiate,
<br />assign, maintain or prosecute, or in any way knowingly aid or assist in the initiation,
<br />maintenance or prosecution of any claim, demand or cause of action at law or
<br />otherwise, against Ebert, SEH or the City or any of their past or present officers,
<br />directors, employees, subsidiaries, divisions, affiliates, accountants, attorneys,
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