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r FEB 3 1987
<br />LW
<br />M � 5 i19
<br />B00F.
<br />FULL AND FINAL RELEASE AND ASSIGNMENT OF RIGHTS
<br />x
<br />In consideration of 9� g,5,0• { dollars, and of er good and
<br />valuable considerations, receipt of whichs ac nowledged, ,�,a.,.G •,D
<br />("The Owner") executes this Full and Final Release and Assignment o Rig ts, in favor of -
<br />Koppers Company, Inc., a Delaware Corporation ("The Manufacturer") for all claims, both
<br />known and unknown, present or future, in any manner arising out of the installation of
<br />Koppers -rpofing products at the CC, . ,�L-�.�. ("The Building") located at
<br />� ,&—Q �i° . �' which were instal 5during -Z 9y/ , with the intent
<br />to be bound by the -following terms:
<br />1. The Owner and its assigns or successors, do each remise, release and forever
<br />discharge the Manufacturer, its subsidiaries and affiliates, employees, officers,
<br />directors, agents, successors and assigns from all claims, right of contribution an
<br />indemnification it has now or may have or which may arise out of the roofing of the
<br />Building. This Release by the Owner is to compromise and terminate all claims for
<br />both known and unknown damages and damages which may subsequently arise to include
<br />all damages of any kind whether direct, incidental or consequential. The Owner
<br />agrees to defend, indemnify and hold the Manufacturer free and harmless from any ar
<br />all claims brought against the Manufacturer by a third party who is not a party to
<br />this Release arising out of the roofing of the Building.
<br />2. The parties mutually agree that the Manufacturer's Guarantee Number 8/ --KM ns-Jy o 3
<br />shall be and is hereby rescinded, terminated, and cancelled as of the date o his
<br />Release. The Manufacturer shall bear no further responsibility or liability in
<br />connection with the Building or the performance of its products.
<br />3. The Owner assigns to the Manufacturer any and all legal rights, claims, and remedie
<br />regarding the roofing of the Building which it may have against any party not
<br />subject to this Release to include the roofing contractor and general contractor,
<br />architect, consultant, or other manufacturer.
<br />4.
<br />T13e -Owner-agrees-not--to-diselase=tine--teFms -of=thi& •settlement -to- any -other- per-sorl ,
<br />grotrpl,--Orgamiz-atiOrr-or-,enti-ty-. It is further understood that the cause of the
<br />roofing problem, damages, and responsibilities are disputed by all parties and
<br />denied by the Manufacturer.
<br />5. This Release is an integrated document and contains the entire agreement between th
<br />parties, and wholly cancels, terminates and supersedes any and all previous and/or
<br />contemporaneous oral agreements,. negotiations, commitments and writings between the
<br />parties hereto with respect to such subject matter. No change, modification,
<br />extension, termination, discharge, abandonment or waiver of this Release or any of
<br />the provisions hereof, nor any representation, promise or condition relating to thi
<br />Release, shall be binding upon the parties hereto unless made in writing and signed
<br />by the parties hereto.
<br />6. If, once this work commences,• problems are discovered which require
<br />repair/replacement of the insulation Koppers agrees to be responsible
<br />for this damage provided thev are given the opnortunity to inspect
<br />and determine it was caused by roof and the repair/renlacement is
<br />necessary.
<br />Approve=d as t ' 1b) -til
<br />and le'sal sul4fci cncpi
<br />P-y�' i
<br />is a �: P. �•Jison
<br />Assi. County Attorw�y
<br />40
<br />BOARD OF COUNTY
<br />COMMISSIONERS OF INDIAN
<br />Firm: RIVER COUNTY
<br />Name �G
<br />Title: ChaiFn—
<br />Date: 4_ - —f 7
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