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':%� 13odf ge?8 C*� <br />1. Participant authorizes Houston to applyll in <br />Participant's portion of the Southeast Plant contingency <br />reserve as of February 29, 2012, towards the sums due <br />Houston from ParticipantMmW , <br />b. Participant represents that the persons signing this Agreement on its <br />behalf are fully authorized to bind it to all the terms hereof. <br />2. Houston's Agreements and Representations: <br />a. Houston agrees to accept the total sum of $138,898.00 in full and <br />final satisfaction of any and all claims which Houston may have <br />against Participant relating to the Dispute; and <br />b. Houston represents that the persons signing this Agreement on its <br />behalf are fully authorized to bind it to all the terms hereof; and <br />C. Conditioned only upon payment of the total sum referenced In § <br />1(a) above, Houston does hereby RELEASE, RELINQUISH, <br />ACQUIT, and FOREVER DISCHARGE Participant, of and from <br />any and all claims arising out of the Dispute. <br />3. Disclaimer: It is expressly understood and agreed by and between <br />the parties to this Agreement that this Agreement includes a <br />compromise and settlement of disputed claims, and that the <br />execution of this Agreement does not in any way constitute any <br />admission of liability on the part of any party to this Agreement, but <br />that all parties to this Agreement expressly disclaim any liability, <br />concerning the claims being compromised and settled herein. <br />4. Governing Law: This Agreement is being executed and delivered, <br />and is intended to be performed in Harris County, Texas, and the <br />laws of the State of Texas and of the United States of America, shall <br />2 <br />