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NOW,THEREFORE,FOR GOOD AND VALUABLE CONSIDERATION,the Parties <br />agree as follows: <br />RELEASE OF CLAIMS.1. <br />In consideration of the sums described in Paragraph 2 below,the sufficiency ofA. <br />which is hereby acknowledged,Sunram and Defending Parties hereby unconditionally mutually <br />release and forever discharge each other,and their respective insurers,successors,parents, <br />affiliates,assigns,agents,employees,dealers and distributors,and the officers,directors and <br />assigns of each from any and all claims that were made or could have been made in the Action <br />arising from or relating to the Claims,the Construction Contracts,the Design Documents,acts or <br />omissions of WSB or the claimed damages up to and through the date of this Agreement (the <br />Sunram and Defending Parties understand and expressly agree that the ReleasedB. <br />Claims include all unknown damages and consequences on account of or because of any claims <br />asserted or that could have been asserted in the Action related to the Claims,the Construction <br />Contracts,the Design Documents,acts or omissions of WSB or the claimed damages up to and <br />2 <br />WHEREAS,all claims that were made or could have been made would be resolved <br />through the currently pending lawsuit captioned as Sunram Construction,Inc.v.City of Arden <br />Hills,venued in Ramsey County District Court (the “Action”). <br />WHEREAS,WSB denied liability for any of the damages claimed by Sunram or the City <br />and affirmatively alleged that it provided all services and prepared the Design Documents in a <br />professional and appropriate manner,consistent with the required standard of care. <br />additional Project costs incurred arose from errors or omissions in the Design Documents or <br />WSB actions. <br />WHEREAS,Sunram,the City and WSB now desire to settle all claims,counterclaims or <br />cross claims which have been asserted or which could have been asserted against each other in <br />the Action with regard to the Claims,the Construction Contracts,the Design Documents and the <br />Project as set forth below. <br />“Released Claims”).