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According to the Settlement Agreement, the parties entered
into the agreement because they "desire to settle and resolve all
present and potential controversies by and between them,
including but not limited to termination of the Suits, the
Appeal, * * * ; and [the parties] desire to terminate any and all
contracts or contractual relationships between them, or any of
them; * * * ." Further, the Settlement Agreement provided that:
2. Release. Green/FBC and WNIC/WNFS, for themselves,
* * * mutually RELEASE, ACQUIT, AND FOREVER DISCHARGE, the
other, * * * from all contracts of any kind whatsoever, * *
* , and from all claims, demands, debts, and causes of
action, known or unknown, past, present or future, arising
out of, or relating to: (1) all written and oral agreements,
including all supplements and modifications thereto, between
them; (2) all claims asserted or assertable by WNIC/WNFS in
the Suits, including, without limitation, all contractual
and extra-contractual claims, statutory and common law
claims, claims for actual and punitive damages, claims for
an accounting, claims for attorney's fees, court costs, and
the like; (3) all claims asserted or assertable by Green/FBC
in the Suits, including, without limitation, all contractual
and extra-contractual claims, statutory and common law
claims, claims for actual and punitive damages, claims for
attorneys' fees, court costs, and the like; (4) all claims
asserted or assertable by Philips in the Suits, including
but not limited to all contractual, tort, statutory, common
law or other claims, * * * ; and (5) any act, transaction or
occurrence prior to the date hereof.
* * * * *
5. Dismissal of the Suits. Green/FBC and WNIC/WNFS
agree to cause all claims asserted in the Suits and in the
Appeal against each other to be dismissed with prejudice,
with the parties to bear their own respective attorneys'
fees and costs.
Whereas the Green/FBC language in paragraph 2, clause (3)
above encompasses contractual and extra-contractual claims, it
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Last modified: May 25, 2011