BOOK 20 PICE A
<br />employees, legal representatives, trustees, insurers, predecessors, successors and assigns of the
<br />foregoing (the "Releasing Parties"), hereby release and forever discharge all manner of claims,
<br />liens, demands, actions, suits, causes of action, damages whenever incurred, liabilities of any
<br />nature whatsoever, including without limitation costs, expenses, penalties and attorneys' fees,
<br />that are known or unknown, suspected or unsuspected, in law or equity, whether class,
<br />individual, or otherwise in nature, whether directly, representatively or in any other capacity, that
<br />the Releasing Parties ever had, now have or hereafter can, shall or may have against RBC and
<br />CAP and any of their past, present or future officers, directors, stockholders, agents, employees,
<br />legal representatives, trustees, insurers, parents, associates, affiliates, subsidiaries, partners, heirs,
<br />executors, administrators, purchasers, predecessors, successors and assigns of the foregoing (the
<br />"Released Parties"), arising from or relating in any way to the collection of taxes due from CAP
<br />from the beginning of time until the date hereof, including without limitation claims arising from
<br />or relating in any way to the Tax Claim.
<br />5. RBC and Lee County shall pay their own respective costs and attorneys' fees
<br />incurred with respect to or arising from the Tax Claim and this Agreement.
<br />6. This Agreement constitutes the entire agreement of RBC and Lee County
<br />regarding the subject matter hereof. The temps set forth in this Agreement are part of a
<br />comprehensive compromise and each element is an integral aspect of the agreed settlement and
<br />is non-severable.
<br />7. This Agreement may not be modified unless in writing signed by RBC and Lee
<br />County.
<br />S. This Agreement may be executed in counterparts and delivered by facsimile, in
<br />which case this Agrcennent shall include each such executed and delivered counterpart, each of
<br />which shall be deemed to be a part of a single instrument.
<br />9. RBC and Lee County shall execute all such further documents and take all such
<br />further actions as may be necessary or desirable to carry out the provisions of this Agreement.
<br />10. This Agreement shall be construed under the laws of the State of North Carolina.
<br />11. Each of the Parties has participated in the drafting of this Agreement and has had
<br />the opportunity to consult with counsel concerning its terms. This Agreement shall not be
<br />interpreted strictly against any one party on the ground that it drafted the Agreement.
<br />12. Each person signing this Agreement represents and warrants to the other that lie
<br />or she is authorized to enter into this Agreement on behalf of RBC and Lee County, respectively.
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