(a) A settlement agreement reached during, or as a
result of, mediation that resolves an entire claim, or any designated
and severable portion of a claim, or counterclaim, if any, must be
in writing and signed by representatives of the Contractor and the
Department who have authority to bind each respective party.
(b) If the settlement agreement does not resolve all
issues raised by the claim or counterclaim, if any, the agreement
must identify the issues that are not resolved.
(c) A partial settlement does not waive a Contractor's
rights under the Texas Government Code, Chapter 2260, as to the parts
of the claim that are not resolved, nor does it waive the Department's
rights as to parts of the counterclaim that are not resolved.
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