Legal Lawsuit Document

LEGAL LAWSUIT SETTLEMENT AND RELEASE AGREEMENT

This Settlement and Release Agreement (the Agreement) is entered into as of the date of the last signature below by and between Plaintiff Name: and Defendant Name: . The parties stipulate that the dispute arises from the action captioned Court: , Case No.: .

RECITALS

WHEREAS, Plaintiff commenced the above-referenced litigation alleging claims arising out of certain acts or omissions alleged to have occurred on or about ;

WHEREAS, Defendant denies liability for all claims made in the litigation but has agreed to resolve the dispute to avoid the expense and uncertainty of further litigation;

WHEREAS, the parties wish to settle all claims between them, whether known or unknown, on the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. "Released Claims" means any and all claims, demands, actions, causes of action, liabilities, obligations, and damages, whether known or unknown, that were or could have been asserted in the Litigation arising out of the facts alleged in the Litigation.

2. SETTLEMENT PAYMENT

In full and final settlement of the Released Claims, Defendant shall pay to Plaintiff the sum of $ (Settlement Amount) pursuant to the following schedule:

3. RELEASE

Upon receipt of the Settlement Amount in full, Plaintiff, on behalf of himself/herself and his/her agents, heirs, executors, administrators, successors, and assigns, hereby irrevocably and unconditionally releases and forever discharges Defendant and its past and present parents, subsidiaries, affiliates, officers, directors, employees, attorneys, insurers, agents and assigns (collectively, Released Parties) from the Released Claims. This release extends to all claims whether known or unknown, suspected or unsuspected, asserted or unasserted.

4. DISMISSAL

Within days after the Settlement Amount is paid, the parties shall file a stipulation of dismissal with prejudice in the Litigation, or a party shall file the appropriate dismissal papers with the court. Each party shall bear its own costs and attorneys' fees unless otherwise provided herein.

5. CONFIDENTIALITY

The terms and existence of this Agreement shall be kept confidential by the parties and shall not be disclosed to third parties except as required by law, to the parties' attorneys, accountants, or as necessary to enforce this Agreement. Check if confidential:

6. NO ADMISSION OF LIABILITY

This Agreement is not and shall not be construed as an admission of liability, fault, wrongdoing, or violation of law by any party. Each party expressly denies any liability and enters into this Agreement to avoid further expense and inconvenience.

7. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the full right, power, and authority to enter into this Agreement and to carry out its obligations hereunder, and that the person signing this Agreement on behalf of each party is duly authorized to do so.

8. INDEMNIFICATION

Each party shall indemnify, defend, and hold harmless the other party from and against any claims, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of any breach of this Agreement or any representation or warranty made herein.

9. ATTORNEYS' FEES AND COSTS

Except as otherwise set forth in this Agreement, each party shall bear its own attorneys' fees, expenses, and costs incurred in connection with the Litigation and the negotiation and execution of this Agreement.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered personally or sent by certified mail, return receipt requested, or by overnight courier, to the addresses set forth below or to such other address as a party designates by notice. Notice to Plaintiff:

Notice to Defendant:

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

12. ENTIRE AGREEMENT; SEVERABILITY

This Agreement contains the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument executed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom enforcement is sought. 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.

14. REPRESENTATIVE CAPACITY

If any party signs this Agreement in a representative capacity, that signatory represents and warrants that he or she has full authority to bind the represented party to the terms of this Agreement. Representative capacity (if applicable):

15. TAX TREATMENT

Each party shall be responsible for any tax consequences arising from the payment or receipt of the Settlement Amount and shall consult its own tax advisor. The party requesting tax reporting shall provide the required taxpayer information: Taxpayer Identification Number:

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