§ 14. Mutual releases.  


Latest version.
  • The City hereby fully releases, discharges, settles and compromises any and all claims which the City has made or could have made arising out of or connected with the ordinance adopted February 8, 1962, and renewed or extended from time to time thereafter, and its predecessor ordinances, if any, (hereinafter referred to collectively as "1962 Ordinance"). This full and complete release of claims for any matters under the 1962 Ordinance shall be for the benefit of Southwestern Bell Telephone Company; its parent; its affiliates; their directors, officers and employees; successors and assigns; and includes any and all claims, actions, causes of action and controversies, presently known or unknown, arising directly or indirectly out of or connected with the Telephone Company's obligations to the City pursuant to the provisions of the 1962 ordinance. Southwestern Bell Telephone Company, its parent, its affiliates, successors and assigns hereby fully release, discharge, settle and compromise any and all claims, actions, causes of action or controversies heretofore made or which could have been made, known or unknown, against the City, its officers or its employees, arising out of or connected with any matters under the 1962 Ordinance.

    It is the intent of the City and the Telephone Company to enter into the foregoing mutual releases in order to reach a compromise that is acceptable to both the City and the Telephone Company. This ordinance and the mutual releases set forth in this section represent a compromise of each party's claims as well as each party's defenses, and is not intended to be and is not an admission of liability or vulnerability by either party to the other with respect to either the claims or the defenses asserted against the other.

(Ord. No. 92-06, § 14, 6-9-92)