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SETTLEMENT AGREEMENT <br />THE STATE OF TEXAS § <br />§ KNOW ALL BY THESE PRESENTS: <br />COUNTY OF HARRIS § <br />This Settlement Agreement (Agreement) is entered into between the <br />City of Houston, Texas (Houston), a Texas Home -Rule Municipal <br />Corporation, and La Porte Area Water Authority (Participant), a Texas <br />entity established by the Texas Legislature, upon the terms and conditions <br />described herein. <br />THAT WHEREAS, pursuant to Houston Ordinance Number 2001- <br />0417 Houston entered into Contract Number C52797 with Participant and <br />other Participants for a Cost Sharing Agreement for the Southeast Water <br />Purification Plant (Southeast Plant) - Restated and Amended (Contract), <br />and pursuant to Houston Ordinance Number 2007-927 Houston and <br />Participants amended the Contract (Amendment); and <br />WHEREAS, the Participants dispute whether amounts presented by <br />Houston under the true -up compensation calculation in connection with the <br />operation and maintenance of the Southeast Plant for the Fiscal Years <br />2007, 2008, 2009, and 2010 are owed (Dispute); and <br />WHEREAS, the Participants and Houston are aware of the hazards, <br />uncertainty and expense of litigation and desire to settle and compromise <br />any and all claims which Houston may have against the Participant, arising <br />out of, touching upon, or in any way related to the Dispute. <br />NOW THEREFORE, for good and valuable consideration, the <br />sufficiency of which is hereby acknowledged, all parties hereby agree as <br />follows: <br />1. Participant's Agreements and Representations: <br />a. Participant agrees to pay to Houston the total sum of $138,898.00 in <br />full and final satisfaction of any and all claims which Houston may <br />have against Participant relating to the Dispute on or before July 31, <br />2013. <br />