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NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS : That the said and
<br /> undersigned Indian River County, Florida, for and in consideration of the dismissal of the pending
<br /> lawsuit, and other good and valuable consideration, receipt of which is hereby acknowledged, does
<br /> hereby remise, release and forever discharge Weller Pool Constructors, Inc. , or any other
<br /> representative, agent, employee or servant of Weller Pool Constructors, Inc. , its administrators,
<br /> employees, executors, successors and assigns, and anypersons, firms, or corporations, in privity with
<br /> them, of and from any and all manner of action and actions, cause and causes of action, suits, sums
<br /> ofmoney, trespasses , controversies, agreements, damages and claims whatsoever, in law or in equity,
<br /> whether direct or indirect, and including claims for contribution, and indemnity, which against the
<br /> said Weller Pool Constructors , Inc. , and any other representative, agent or appointee of Weller Pool
<br /> Constructors, Inc. , the undersigned Indian River County, Florida, now has or arises from the
<br /> Agreement with , and its alleged losses and damages, or by reason of any other matter, cause or thing
<br /> from the beginning of the world to the day of the date of these presents and does agree to hold
<br /> harmless Weller Pool Constructors, Inc . , or any other representative, agent, employee or servant of
<br /> Weller Pool Constructors, Inc. , from any claims, suits or causes of action which maybe made or may
<br /> be held by any other person, corporation or business entity arising out of the aforementioned
<br /> Agreement
<br /> It is further agreed that each party shall bear their own costs and attorney's fees .
<br /> It is further agreed that in the event of litigation or arbitration in connection with the
<br /> enforcement or interpretation of this document, the prevailing party or parties shall be entitled to
<br /> recover the payment of any attorney's fees , costs and expenses incurred in connection therewith.
<br /> The undersigned does hereby state that there are no liens on the settlement and if any liens
<br /> exist Weller Pool Constructors , Inc . does hereby agree to satisfy said liens out of the proceeds of this
<br /> settlement, and to indemnify and hold harmless Indian River County, Florida, for all liens, costs and
<br /> attorney fees incurred by Indian River County, Florida, should a claim of lien be made against it by
<br /> Weller' s representatives , agents , employees, suppliers, vendors, and/or sub- contractors in any way
<br /> involved in the Project in issue.
<br /> IN WITNESS WHEREOF, the said and undersigned Harold Von Weller, President on behalf
<br /> of Weller Pool Constructors , Inc . has hereunto set its hand and seal this % ( day of
<br /> rSIJ , 2004 .
<br /> Signed, sealed and delivered
<br /> in the presence of:
<br /> kitness
<br /> THold
<br /> onstructors, Inc.
<br /> on Weller - President
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