DISMISSED WITH PREJUDICE: October 18, 1993 GSBCA 12192 METRO WORLD PLASTICS, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Elizabeth J. Bellus, Vice President of Metro World Plastics, Inc., San Francisco, CA, appearing for Appellant. Margaret A. Dillenburg, Office of the General Counsel, General Services Administration, Washington, DC, counsel for Respondent. LaBELLA, Board Judge. ORDER This appeal was filed with the Board on November 24, 1992, by Metro World Plastics, Inc. The appeal arose from a termination for default of appellant's contract to provide the General Services Administration with FSC 8105 plastic bags. The Board has received a settlement agreement and a motion to dismiss signed by both parties. The parties have agreed to the following: 1. The status of Contract GS-02F-58252 will remain terminated for default; and 2. The Contractor agrees to pay the claimed sum of $24,396.60 plus any interest due, in monthly payments to be made over the next 18 months with the first payment commencing December 15, 1993; and 3. The Government agrees to waive any excess reprocurement costs and/or administrative expenses resulting from the reprocurement necessitated by the termination of this Contract; and 4. The Government and the Contractor agree to file a joint motion for dismissal of the case described above with prejudice, the motion for dismissal to be filed within 3 days after execution of this Settlement Agreement; and 5. Upon Dismissal of this appeal, the Govern- ment and the Contractor forever discharge and release the other party, its agents, servants, employees, officials, subcontractors, suppliers, successors, and assigns of and from all claims, demands, actions, suits, debts, charges, causes of action, and claims of liability of any character, type or description that any party may have against the other relating to or arising under GSBCA Appeal No. 12192, including the payment of interest, attorney's fees or other costs under the Equal Access to Justice Act (EAJA P.L. 99-80, as amended); and 6. Nothing expressed or implied herein is intended or shall be construed to confer upon or give any entity, other than the parties herein, any right, remedy, or claim against any party hereto under or by reason of this Settlement Agreement or of any terms contained herein, which shall be for the sole exclusive benefit of the parties hereto, their succes- sors and assigns; and 7. Both parties have had adequate time and opportunity to reflect upon, consider, and consult with legal counsel concerning the terms of this Settlement Agreement, and that the parties have executed this Settlement Agreement voluntarily, with adequate authority to bind the party and free from improper influence or duress; and 8. In construing this Settlement Agreement, no inference premised upon the origin or source of any language used herein shall be drawn; and 9. This Settlement Agreement shall be binding upon the parties, and their successors and assigns. Accordingly, the parties' Motion to Dismiss is granted. This appeal is DISMISSED WITH PREJUDICE. Rule 28(a). VINCENT A. LaBELLA Board Judge