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<br />, ' <br />, <br /> <br />'....i <br /> <br />. <br /> <br />. <br /> <br />", <br /> <br />ing but not limited to, labor, materials, equipment, small tools <br />or supplies, and all other direct costs; extended supervision, <br />bonds, insurance, and all other project indirect costs; all home <br />office overhead and extended overhead, all delay, inefficiency, <br />disruption, acceleration, suspension and all other "impact" <br />costs; all markups and profit thereon, interest, and all rights <br />to additional time extensions, suffered by them and all on whose <br />behalf they are acting herein, pertaining to any and all claims <br />for additional compensation and time extension Contractor may <br />have arising out of, or which mayor will result or arise out of, <br />directly or indirectly, the claims and costs described in para- <br />graph 1. <br /> <br />4. Contractor specifically represents that it is its <br />clear intention to fully and forever release the Owner from any <br />and all claims and losses of whatever nature described In'para- <br />graph 1 which are presently known or unknown, even if there may <br />presently exist a mistake on the part of Contractor as to the <br />extent and nature of the injuries, damages or losses suffered. <br />The Contractor assumes the risk of any mistake of fact, whether <br />the fact or facts be past or presently existing, as to the extent <br />of any injuries, damages or losses that it has incurred or may <br />incur. <br /> <br />5. Except as herein modified and/or released, the Agree- <br />ment of the parties dated September 19, 1988 (Exhibit Al, shall <br />remain in full force and effect and Owner shall be entitled to <br />exercise any and all rights it may have thereunder. <br /> <br />6. Nothing in this Settlement Agreement shall be con- <br />strued as a release, waiver, or compromise of any claims which <br />Owner may have against Contractor arising out of the performance <br />of the Agreement, whether based on warranty or guarantee, express <br />or implied, breach of contract or otherwise. <br /> <br />7. Nothing contained in this Settlement Agreement shall <br />prevent the Owner from enforcing any warranty or guarantee, <br />express or implied, made by Contractor in the Agreement which <br />warranty or guarantee, by the terms of the Agreement, survives <br />the completion of performance thereunder by Contractor. <br /> <br />DISMISSAL OF CLAIM <br /> <br />8. This Settlement Agreement represents full and final <br />settlement of Contractor's claims under Section 9.11 of the Gen- <br /> <br />-3- <br />