Mutual-Settlement-Agreement-and-Release相互和解协议和释放

1、Mutual Release and Settlement AgreementThis Mutual Release and Settleme nt Agreeme nt (“ Agreeme nt ” ) is en tered in to betwee nthe following parties (“the Parties ”PtaRiatfitName ( “ Plaintiff ” ), and defendantDefe nda nt Name ( “ Defen da nt ” ).RecitalsPlai ntiff filed a civil acti on aga inst

2、 Defendant, Co unty Name County Superior CourtCase Number Case number (the “ Civil Case ” ).To avoid the time and expense of litigation, the Parties want to resolve their differences and reach an end, compromise, and settleme nt for all disputes exist ing and pote ntially exist ing betwee n them fro

3、m the In cide nt.AgreementIn con siderati on of the mutual executi on of this Agreeme nt and the releases and promises made in the Agreement by the Parties, the Parties agree as follows:1. In excha nge for complete resolutio n of this matter, Defendant shall pay to Pla in tiffSettleme nt amount in n

4、u mbers and spelled out. This payme nt (the“ Settleme nt Funds” ) will be paid in trust for the ben efit of Plai ntiff toRouda Feder“Tietjen & McGuinn ” upon execution of this Agreement and completion of the terms outl ined in paragraph 2. Rouda Feder T ietje n & McGui nnasIde ntificati on Number is

5、 94-2854660.2. Rouda Feder Tietje n & McGuinn ( “ Pla in tiff s Attor ney ” ) shall provide the orig inof this Agreeme nt, executed by Pla in tiff, to Defendant s attor ney. Defendant sattorney will then have the Settlement Funds sent to Plaintiff s Attorney. Uponreceipt of the Settleme nt Funds by

6、Pla in tiff s Attor ney, and subject to those fundscleari ng t he bank and beco ming available for disbursal by Pla in tiff s Attor ney,Pla in tiff shall submit to Defendant a sig ned Request for Dismissal of the Civil Case with prejudice as to the en tirety of the Civil Case, with each side to bear

7、 their own attorneys eelscosts. Plaintiff further agrees that she will notattempt to refile the Civil Case, or any portion of it in the same or any other jurisdiction. Once the foregoing has occurred, Plaintiff s Attorney may disbursefunds from the Settleme nt Funds to Plai ntiff.3. Plaintiff furthe

8、r agree that upon receipt by Plaintiff s Attorney of the SettlementFun ds, Plai ntiff will indemnify and defe nd Defendant aga inst any lie ns forservices provided to Plai ntiff aris ing out of the in juries and claims refere need in the Civil Case. Pla in tiff will release and hold Defendant and it

9、s in surers free and harmless from any and all such lie ns.4. It is further un derstood and agreed by the Parties that all rights un der sect ion 1542 of the California Civil Code, and any similar law of any state or territory ofthe United States, are hereby waived as to claims which those parties r

10、eleased do not know or suspect to exist at the time they execute this release. This section reads as follows:A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materia

11、lly affected his settlement with the debtor.The Parties agree as a further consideration and inducement for this compromise and release of claims that the releases contained in this Agreement shall apply to all unknown and unanticipated injuries and damages resulting from said accident, as well as t

12、hose now disclosed.5. This Agreement constitutes a compromise, settlement, and release of disputedclaims and is being entered into solely to avoid the burden, inconvenience, and expense of litigating those claims. No Party to this Agreement admits any liability to the other Party with respect to any

13、 such claim or any other matter. Each Party expressly denies liability as to every claim, which may be asserted by the other Party. Therefore, this Agreement is not to be and shall never be construed or deemed an admission or concession by any of the Parties hereto of liability or culpability at any

14、 time for any purpose concerning any claim being compromised, settled, and released, or any other matter.6. The Parties agree to act in good faith and to cooperate fully with each other incarrying out the intent of this Agreement, and for that purpose agree to execute all additional documents as may

15、 prove reasonably necessary to accomplish that intent.7. The Parties shall each bear their own costs and attorney fees incurred inconnection with this Agreement, and each waives the right to make a claim against the other for such costs, attorney fees or any other expenses associated with the matter

16、s being settled here.8. The failure of any Party at any time to require performance of any provision ofthis Agreement shall not limit that Partyright to enfsorce the provision, nor shallany waiver of any breach of any provision constitute a waiver of that provision itself.9. This Agreement shall inu

17、re to the benefit of and shall be binding upon each of theParties here and their respective agents, representatives, executors, administrators, trustees, personal representatives, partners, directors, officers, shareholders, agents, attorneys, insurers, employees, representatives, predecessors, succ

18、essors, heirs and assigns.10. The Parties agree that the laws of the State of California shall be utilized in construing this Agreement and in enforcing the rights and remedies of the Parties.Any litigation arising out of a dispute concerning the Agreement shall be litigated in County where lawsuit

19、was filed, California. The Parties agree to venue inthat jurisdiction for all such disputes concerning this Agreement.11. If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or ot

20、her proceeding shall be entitled to an award against the other Party for the prevailing Party s reasonable attorney s fees and costs incurred both attrial and on any appeal.12. The provisions here are not intended for the benefit of any third party, but solely for the parties to this Agreement.13. T

21、he undersigned Parties each further expressly warrant and represent to one another as follows:a. They have read this Agreement and have consulted with their respective attorneys concerning its contents and legal consequences and have requested any change in language necessary or desirable to effectu

22、ate their intent and expectations so that the rule of construction of contracts construing ambiguities against the drafting party shall be inapplicable;b. They have investigated the facts to the extent that they have deemed necessary in their sole discretion and have assumed any risk of mistake of f

23、act and any facts proven to be other than or different from the facts now known to any of the Parties and therefore intend this Agreement to be binding without regard to any mistake of fact or law relating to the subject matter of this Agreement;c. The Agreement is being executed solely in reliance

24、on their own respective judgment, belief and knowledge of the matters set forth here and on the advice of their respective attorneys following an independent investigation of all relevant matters to the extent they deem necessary and reasonable;d. They have taken all actions and obtained all authori

25、zations, consents and approvals as are conditions precedent to their authority to execute this Agreement and thus warrant that they are fully authorized to bind the Party for which they execute this Agreement; and,e. There has been and will be no assignment or other transfer of any claim released he

26、re, or any part thereof, and each Party agrees to defend, indemnify and hold harmless the other party from any claims, obligations, or other liabilities, including specifically attorney s fees and costs incurredwhich result from the assertion by any third party of a right to any claim which is relea

27、sed by this Agreement.Page 3 of 514. The forego ing warra nties and represe ntati ons shall survive the executi on and delivery of this Agreeme nt.15. The Parties hereby in corporate the Recitals set forth above as an in tegral part of this Agreeme nt and ack no wledge the truth and accuracy of thos

28、e Recitals.16. This Agreeme nt is the en tire, fin al, and complete agreeme nt of the Parties relat ing to the subject of this Agreeme nt, and supersedes and replaces all prior or existi ng writte n and oral agreeme nts betwee n the Parties or theirreprese ntatives relat ing thereto. No ame ndme nt or modificati on of this Agreeme nt shall be effective uni ess in a writ ing executed by all Parties whose in terests are affected by the modificati on.17. If any provisi on of this Agreeme nt is held to be in valid or unen forceable, all rem