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

1、M UTUAL RELEASE ANDSETTLEMENTA GREEMENTThis Mutual Release and Settlement Agreement (“ Agreement ” ) is entered into betweenthe following parties (“ the Parties”Plaintiff):PlaintiffName( “ Plaintiff” ), and defendantDefendant Name( “ Defendant ” ).RECITALSPlaintiff filed a civil action against Defen

2、dant, County Name County Superior Court Case 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 settlement for all disputes existing and potentially existing between them from the Incid

3、ent.AGREEMENTIn consideration of the mutual execution of this Agreement and the releases and promises made in the Agreement by the Parties, the Parties agree as follows:1. In exchange for complete resolution of this matter, Defendant shall pay to PlaintiffSettlement amount in numbers and spelled out

4、. This payment (the“ Settlement Funds ” ) will be paid in trust for the benefit of Plaintiff to Rouda Feder“Tietjen & McGuinn ” upon execution of this Agreement and completion of theterms outlined in paragraph 2. Rouda Feder Tietjen & McGuinnsTaxIdentification Number is 94-2854660.2.Rouda Feder Tiet

5、jen & McGuinn ( “ Plaintiff s Attorney ” ) shall provide althe originof this Agreement, executed by Plaintiff, to Defendant s attorney. Defendant sattorney will then have the Settlement Funds sent to Plaintiff s Attorney. Uponreceipt of the Settlement Funds by Plaintiff s Attorney, and subject to th

6、ose fundsclearing t he bank and becoming available for disbursal by Plaintiff s Attorney,Plaintiff shall submit to Defendant a signed Request for Dismissal of the CivilCase with prejudice as to the entirety of the Civil Case, with each side to beartheir own attorneys andfeescosts. Plaintiff further

7、agrees that she will notattempt to refile the Civil Case, or any portion of it in the same or any otherjurisdiction. Once the foregoing has occurred, Plaintiff s Attorney may disbursefunds from the Settlement Funds to Plaintiff.3.Plaintiff further agree that upon receipt by Plaintiff s Attorney of t

8、he SettlementFunds, Plaintiff will indemnify and defend Defendant against any liens for services provided to Plaintiff arising out of the injuries and claims referenced in the Civil Case. Plaintiff will release and hold Defendant and its insurers free and harmless from any and all such liens.4. It i

9、s further understood and agreed by the Parties that all rights under section 1542 of the California Civil Code, and any similar law of any state or territory ofMutual Settlement Agreement and ReleasePage 1 of 5W0303769.DOCthe United States, are hereby waived as to claims which those parties released

10、 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 materially aff

11、ected 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 those no

12、w disclosed.5. This Agreement constitutes a compromise, settlement, and release of disputed claims 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 such

13、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 time

14、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 in carrying out the intent of this Agreement, and for that purpose agree to execute all additional documents as may prov

15、e reasonably necessary to accomplish that intent.7. The Parties shall each bear their own costs and attorney fees incurred in connection 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 matters be

16、ing settled here.8. The failure of any Party at any time to require performance of any provision ofthis Agreement shall not limit that Party right to enforces the provision, nor shall any waiver of any breach of any provision constitute a waiver of that provision itself.9. This Agreement shall inure

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

18、ssors, 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.Mutual Settlement Agreement and ReleasePage 2 of 5W0303769.DOCAny litigation arising out of a dispute concern

19、ing the Agreement shall be litigatedin County where lawsuit was filed , California. The Parties agree to venue in that 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 thi

20、s Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Partyfor 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 th

21、ird party, but solely for the parties to this Agreement.13. The 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 reque

22、sted any change in language necessary or desirable to effectuate 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 th

23、eir sole discretion and have assumed any risk of mistake of fact 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 Agr

24、eement;c. The Agreement is being executed solely in reliance 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 reaso

25、nable;d. They have taken all actions and obtained all authorizations, 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 wil

26、l be no assignment or other transfer of any claim released here, 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 incurred which result from the asserti

27、on by any third party of a right to any claimwhich is released by this Agreement.Mutual Settlement Agreement and ReleasePage 3 of 5W0303769.DOC14. The foregoing warranties and representations shall survive the execution and delivery of this Agreement.15. The Parties hereby incorporate the Recitals s

28、et forth above as an integral part of this Agreement and acknowledge the truth and accuracy of those Recitals.16. This Agreement is the entire, final, and complete agreement of the Parties relating to the subject of this Agreement, and supersedes and replaces all prior or existing written and oral a

29、greements between the Parties or their representatives relating thereto. No amendment or modification of this Agreement shall be effective unless in a writing executed by all Parties whose interests are affected by the modification.17. If any provision of this Agreement is held to be invalid or unenforceable, all remaining provisions will continue in full force and effect.18. This Agreement