Laserfiche WebLink
immediately cease and desist from making any disparaging remarks to third parties concerning the other party. Should either party breach the <br />terms of this paragraph, then that party shall pay to the other party double the amount of the Settlement Amount as liquidated damages. <br />THIRD: In consideration for Memphis Pool completing said Repair Project, Batesville hereby releases, acquits and forever <br />discharges Memphis Pool from all claims, demands, loss of revenue, additional operating costs, costs and expenses (including but not limited to <br />attorneys fees), damages, actions, and causes of action, whether in law or in equity, and whether known or unknown, suspected or unsuspected, <br />related to or arising from the original construction of the Project and/or related to or arising from the Claim. <br />FOURTH: This Settlement Agreement and Release shall not in any way be construed as an admission by Memphis Pool of any acts <br />of wrongdoing whatsoever with respect to Batesville's claims and neither the existence of this Agreement nor the terms herein contained shall <br />be used as an admission or evidence of wrongdoing by any party. <br />FIFTH: This Settlement Agreement and Release sets forth the full and final agreement between the parties hereto and neither <br />party is relying on any statement, representation or promise made by any party that is not specifically included herein. This Agreement may only <br />be modified by a writing executed by both parties hereto. <br />SIXTH: This Settlement Agreement and Release maybe executed in any number of counterparts by original or electronic signature, <br />and each such counterpart shall be considered an original, but all of which together shall constitute one and the same agreement and shall be fully <br />effective against all persons executing it. <br />SEVENTH: This Settlement Agreement shall be governed by the laws and jurisdiction of the State of Arkansas with venue being <br />in Independence County, Arkansas. <br />THIS SETTLEMENT AGREEMENT AND RELEASE INCLUDES A RELEASE OF CLAIMS. <br />Executed this day of 2022. <br />Mark Reed <br />President, Memphis Pool Supply, Inc. <br />JOSEPH T. GETZ <br />Attorney for Memphis Pool Supply, Inc. <br />RICK ELLUMBAUGH <br />Mayor of the City of Batesville, Arkansas <br />TIMOTHY MEITZEN <br />Attorney for City of Batesville, Arkansas <br />