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such payment shall in any event remain confidential. In addition,each party agrees to immediately <br /> cease and desist from making any disparaging remarks to third parties concerning the other party. <br /> Should either party breach the terms of this paragraph, then that party shall pay to the other party <br /> double the amount of the Settlement Amount as liquidated damages. <br /> THIRD: In consideration for Memphis Pool completing said Repair Project, <br /> Batesville hereby releases,acquits and forever discharges Memphis Pool from all claims,demands, <br /> 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 <br /> known or unknown, suspected or unsuspected, related to or arising from the original construction <br /> 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 <br /> as an admission by Memphis Pool of any acts of wrongdoing whatsoever with respect to <br /> 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 <br /> between the parties hereto and neither party is relying on any statement,representation or promise <br /> made by any party that is not specifically included herein. This Agreement may only be modified <br /> by a writing executed by both parties hereto. <br /> SIXTH: This Settlement Agreement and Release may be executed in any number of <br /> counterparts by original or electronic signature, and each such counterpart shall be considered an <br /> 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 <br /> the State of Arkansas with venue being in Independence County,Arkansas. <br />