Legal Consent to Settle

LEGAL CONSENT TO SETTLE

This Legal Consent to Settle (the Agreement) is entered into as of the date signed below by and between Claimant: and Respondent: in connection with Case Number: pending before Court: .

RECITALS

WHEREAS, Claimant has asserted certain claims and causes of action against Respondent arising from the facts and events described in the pleadings and related proceedings identified above;

WHEREAS, the Parties have entered into negotiations and have agreed to compromise and settle all claims, whether known or unknown, arising out of the events described in the case, on the terms set forth in this Agreement; and

WHEREAS, Claimant acknowledges receipt of independent advice from counsel or has had opportunity to obtain such advice and elects to execute this Agreement knowingly and voluntarily.

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement: (a) "Released Claims" means all claims, demands, rights, actions, causes of action, and liabilities of any nature, whether known or unknown, suspected or unsuspected, asserted or unasserted, arising out of or relating to the facts alleged in the above-captioned matter; (b) "Effective Date" means the date on which the last party executes this Agreement as evidenced by the signature block below.

2. SETTLEMENT PAYMENT

Respondent agrees to pay to Claimant as full and final settlement the total gross sum of $ (Settlement Amount). The Settlement Amount shall be paid by Respondent to Claimant by the following method: on or before .

If the Settlement Amount is to be paid in installments, the Parties shall set forth the schedule below and the consequences of any missed payment:

3. RELEASE

Upon receipt by Claimant of the Settlement Amount as provided in Section 2, Claimant, on behalf of Claimant and Claimant's heirs, executors, administrators, successors and assigns, hereby irrevocably and unconditionally releases and forever discharges Respondent and its officers, directors, employees, agents, insurers, attorneys, predecessors, successors and assigns from all Released Claims to the fullest extent permitted by law.

Mutual Release: The Parties agree that the release set forth above is mutual and, if checked, Respondent likewise releases Claimant from any claims arising from the same facts and circumstances.

4. COVENANT NOT TO SUE

Claimant covenants and agrees not to institute, commence, or prosecute any action, claim, or proceeding against Respondent asserting any Released Claims. This covenant shall survive termination of this Agreement.

5. ALLOCATION, LIENS AND ATTORNEYS' FEES

The Parties agree that the Settlement Amount shall be allocated among damages, attorneys' fees, costs, and other categories for reporting purposes as follows: .

Attorneys' Fees: Counsel for Claimant is to receive of the gross Settlement Amount unless otherwise agreed in a separate fee agreement.

Known Liens and Holders: Any existing liens, subrogation interests, or claims against the Settlement Amount shall be identified below and satisfied in accordance with applicable law:

6. CONFIDENTIALITY

Confidential Settlement: The Parties agree that the existence and terms of this settlement shall be kept confidential, except as required by law, as necessary to effectuate the terms of this Agreement, or to communicate with tax authorities, insurers, counsel, or immediate family. Any disclosure permitted by this paragraph must be limited to the minimum information necessary.

7. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that it has full authority to enter into this Agreement, that the person signing on its behalf is duly authorized, and that no other approvals are necessary to effectuate the release and settlement set forth herein.

8. FURTHER ASSURANCES

Each Party agrees to execute, acknowledge and deliver such further documents and to take such further actions as may be reasonably requested to carry out the intent and purpose of this Agreement.

9. NOTICES

All notices under this Agreement shall be in writing and delivered to the addresses above by personal delivery, nationally recognized overnight carrier, or certified mail, return receipt requested, and shall be effective upon receipt.

10. TAXES

Each Party is solely responsible for its own tax reporting and payment obligations in connection with the Settlement Amount. Any reporting to tax authorities and any withholding obligations shall be the responsibility of: .

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of: without regard to conflicts of law principles.

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

13. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect.

14. AMENDMENT AND WAIVER

No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom enforcement is sought. A waiver of any breach shall not constitute a waiver of any other breach.

15. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by electronic image shall be binding.

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