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SECOND: In exchange for said payment by City, VFW agrees to dismiss its <br /> claim Independence County Circuit Court Case No. 32CV-24-171 and not pursue any <br /> other legal causes of action based on the City's condemnation of said property. <br /> THIRD: The Parties hereby mutually release, acquit and forever discharge <br /> one another from all claims, costs and expenses (including but not limited to attorney's <br /> 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 out of the subject <br /> matter of the Dispute. <br /> FOURTH: This Settlement Agreement and Release shall not in any way be <br /> construed as an admission by Parties of any acts of wrongdoing whatsoever with respect <br /> to the Dispute and neither the existence of this Agreement nor the terms herein contained <br /> shall be used as an admission or evidence of wrongdoing by any party. <br /> FIFTH: Parties acknowledge that they have been represented in <br /> negotiations for and preparation of this Settlement Agreement and Release by counsel of <br /> their own choosing, and each of them or their authorized representative has read this <br /> Settlement Agreement and Release and has had its contents fully explained to them by <br /> counsel of their own choosing and is fully aware of its contents and its legal effect. <br /> SIXTH: This Settlement Agreement and Release sets forth the full and final <br /> agreement between the parties hereto and neither party is relying on any statement, <br /> representation or promise made by any party that is not specifically included herein. This <br /> Agreement may only be modified by a writing executed by both parties hereto. <br /> SEVENTH: This Settlement Agreement and Release may be executed in any <br /> number of counterparts by original or electronic signature, and each such counterpart <br /> Page 2 of 3 <br />