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21. . . . Based on the various mutual considerations set forth in this instrument, any and all claims by either party against the other arising out of, or related to, the Contract, as well as any and all other common law claims or causes of action that arose prior to April I, 2005 whether real, personal, tangible or intangible, choate or inchoate, known or unknown, including clairns by either party against individual officials, principals, or employees of the other party, are hereby, by this instrument, and without requiring further instruments or signatures, totally and irrevocably released, for all time. The phrase "all claims" as used in this section includes any and all causes of action that arose before April I , 2005 in favor of or against each parties' officers, employees, parent corporations, subsidiaries, affiliates, owners, and agents. The parties expressly agree that this release is binding on all corporate successors in interest, as well as each separate entity that comprises Harbor Center Joint Venture, L.L.C., including but not limited to Rising Tide Productions, L.L.C. and Ovations Food Service, L.P. The intent of the parties in granting this release is that there shall be no future litigation by either party or any of its affiliates against the other, or against individual officials, principals, or employees of the other party from acts prior to Aprill, 2005, and this provision shall be so construed and interpreted. The parties will work together in mutual good faith and cooperation to have a successful 2005 season, and each party expresses full appreciation for the good faith and efforts of the other party under the Contract, and in coming to this amicable resolution of differences. 23. Any dispute arising under this instrument, including questions of interpretation and 22. reconciliation between the Contract and this instrument, shall first be referred to Luther. Draft /. 3B -6-