ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of--
Team Hall Venture, LLC, dba 
Limeberry Frozen Yogurt 
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ASBCA No. 60823 
Under Contract No. MCH 14-074 
APPEARANCE FOR THE APPELLANT: 
APPEARANCES FOR THE GOVERNMENT: 
Mr. Jay B. Hall 
Owner 
Raymond M. Saunders, Esq. 
Army Chief Trial Attorney 
Evan C. Williams, Esq. 
Trial Attorney 
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL 
Appellant seeks breach damages arising from the shutdown of the concession 
that it owned and operated on a military base. 
FINDINGS OF FACT 
In June 2014, the Army and Air Force Exchange Service (the Exchange) awarded a 
contract to appellant, Team Hall Venture, LLC, dba Limeberry Frozen Yogurt, for 
appellant to operate (for up to ten years) a frozen yogurt concession at a "food court" on 
Joint Base Lewis-McChord in Tacoma, Washington (R4, tab 1 at 1; tr. 1/16-17, 153). The 
concession opened in November 2014, and had to close from time to time (including for 
one, approximately 57-day period) due to rodent infestation and flooding from a floor drain 
in the building in which the food court was located (R4, tab 31 at 169; tr. 1/11, 14-19, 37, 
40, 54-56, 63, 96-100, 108-11, 140-41, 2/41, 101-02). The concession ceased operations 
on June 30, 2016; by the next day, the parties had entered a contract amendment in which 
they terminated the contract (R4, tab 31 at 169; tr. 1/90-93, 209-10, 2/42, 96, 106, 254). 
That "termination agreement" provides: 
The contractor hereby releases the Army and Air Force 
Exchange Service (the Exchange) from any and all 
obligations related to this contract, and waives any claim 
against the Exchange for monetary or other relief to this 
contract, including any that may arise in the future, to 
include the time period of 1-17 July 2016. 

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(R4, tab 31 at 169) (Emphasis added) The agreement contains the mark "X" in a box 
against the words "CONTRACT (AGREEMENT)" (id.). Appellant represented during the 
hearing that the government added the "X" after appellant signed the agreement (tr. 1/92), 
but admitted that the release language above was present when appellant signed (tr. 2/254). 
In September 2016, appellant presented to the contracting officer a certified claim in 
the amount of$673,193.44, almost all of that in alleged losses for the eight-year period that 
followed the termination of the contract (R4, tab 34 at 178). On September 23, 2016, the 
contracting officer denied all but $29,521.78 of appellant's claim (R4, tab 35 at 185). 
DECISION 
Appellant now seeks $205,193.44 in breach damages (see app. br. at 3). In the 
termination agreement, appellant waived any claim against the Exchange for monetary or 
other relief to the concession contract. See Great America Construction Co., ASBCA 
Nos. 60437, 60501, 16-1BCA136,460 at 177,678 (general release barred all claims). 
Appellant points out (app. reply br. at 10-11) that, when asked during the hearing what the 
release covered, government counsel represented that "the record shows that what was 
intended was a release for future damages from 1 to 17 July, 2016" (tr. 1/93). Contract 
interpretation is a matter of law, Hills Materials Co. v. Rice, 982 F.2d 514, 516 (Fed. Cir. 
1992), and we see no such limitation in the waiver. In any event, in its post-hearing brief, 
the government relies upon the waiver as a bar to all appellant's claims (see gov't br. 
at 16). Appellant also says that after it signed the termination agreement, the government 
altered it (app. reply br. at 10), but the only addition appellant has pointed to is the "X" in 
the box against the words "CONTRACT (AGREEMENT)." We do not find that such an 
"alteration" would relieve appellant from its waiver. Moreover, appellant confirms that 
when it signed the agreement, the release language was present. Because appellant 
waived any claim against the Exchange for monetary or other relief to the contract, the 
appeal, in which appellant claims money related to its concession contract, is denied. 
The appeal is denied. 
Dated: July 10, 2018 
(Signatures continued) 
CONCLUSION 
Administrative Judge 
Armed Services Board 
of Contract Appeals 

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I concur 
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RICHARD SHACKLEFORD 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
I concur 
J. REID PROUTY 
Administrative Judge 
Vice Chairman 
Armed Services Board 
of Contract Appeals 
I certify that the foregoing is a true copy of the Opinion and Decision of the Armed 
Services Board of Contract Appeals in ASBCA No. 60823, Appeal of Team Hall Venture, 
LLC, dba Limeberry Frozen Yogurt, rendered in conformance with the Board's Charter. 
Dated: 
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JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals