95-026 ORD COP AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREEMENT

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Southwestern Bell Telephone Company; its parent; its affiliates; their directors, officers, attorneys 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 Ordinance 1159. Upon Final Approval as defined in the STIPULATION OF SETTLEMENT, 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, attorneys or its employees, arising out of or connected with any matters under Ordinance 1159. 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. SECTION 15 - ADOPTION OF STIPULATION OF SETTLEMENT The CITY hereby adopts, ratifies, confirms, and agrees to be bound by the terms of the STIPULATION OF SETTLEMENT in Cause No. D-142,176 in the 136th Judicial District Court in and far Jefferson County, Texas, (The "Class Litigation"), in its entirety, in all respects as if the CITY were an original signatory thereto. The CITY acknowledges that as a member of the Settlement Class in the Class Litigation it has received and reviewed the STIPULATION OF SETTLEMENT and that the CITY has had access to and/or has consulted counsel, to the extent that it desired to do so, in connection with its evaluation of the STIPULATION OF SETTLEMENT. SECTION 16 - REPEAL OF CONFLICTING ORDINANCES AND AGREEMENTS Ordinance No. 1159 adopted September 8, 1947, is hereby repealed; provided, however, such repeal shall take effect at 11:59 p.m. on the day immediately preceding the effective date specified in the Section of this Ordinance entitled "ACCEPTANCE OF AGREEMENT AND SOUTTIWESI'ERN BELL SETTLEMENT ORDINANCE - PaRe 11