The Army Sample Clauses

The Army except as otherwise expressly noted in this Settlement Agreement, hereby releases and discharges Harsco, including its present and former officers, directors, employees, agents, subsidiaries, affiliates, divisions, successors and assigns, from any and all civil claims or administrative claims that it has or may have based upon Harsco's entitlement to FET under the J111 Contract, or arising under or related to the J111 Contract (to include, but not limited to, the FET Claim, the CLIN Switching Claim and all other claims, disputes or issues not previously released by modification P00311, described in paragraph 10, above); provided, further: a. that with respect to the issue of FET and LWTs, regardless of the outcome of the IRS review, this release and discharge includes the release and discharge of any claim that the Army is entitled to any recovery from Harsco relating to costs in the J111 Contract bid price that Harsco may have included with respect to FET for LWTs originally scheduled for delivery prior to October 1, 1988; and b. in the event that some or all of the LWTs are determined to be taxable in whole or in part, the Army will abide by the result of the ASBCA decision on the FET Claim (ASBCA No. 36805), cited in paragraph 8, above, and will apply that decision to a Potential LWT FET Claim. The Parties agree that the quantum of any Potential LWT FET Claim is excepted from this Settlement Agreement; provided, however, that the amount of any payment