Legal Settlement Affidavit

LEGAL SETTLEMENT AFFIDAVIT

This Legal Settlement Affidavit is executed on the day of , by Affiant Name: of Address: and Settling Party Name: of Address: .

Recitals

WHEREAS, Affiant asserts claims arising from the matter captioned Case Name: , bearing Case Number: ; and

WHEREAS, the Parties desire to compromise and settle all claims, demands and causes of action between them without admission of liability on the terms and conditions set forth herein; and

WHEREAS, the Parties intend this affidavit to set forth the Affiant's sworn confirmation of the settlement consideration and the releases provided for in this instrument.

Now, Therefore

NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is expressly acknowledged, the Parties agree as follows:

1. Settlement Payment

1.1 Settlement Amount. Settling Party shall pay to Affiant the total settlement amount of $ (the "Settlement Amount"), subject to the terms below.

1.2 Payment Schedule. The Settlement Amount shall be paid according to the following schedule: . Time is of the essence for each payment.

2. Release and Covenant Not to Sue

2.1 Mutual Release. Upon receipt in full of the Settlement Amount in accordance with Section 1, Affiant fully releases and forever discharges Settling Party and its past and present officers, directors, agents, employees, insurers, attorneys, successors and assigns from all claims, demands, liabilities and causes of action known or unknown, asserted or unasserted, that were or could have been asserted in the Matter.

2.2 Covenant Not to Sue. Affiant covenants not to institute, prosecute or maintain any action, suit, claim or proceeding against Settling Party arising out of the matters released herein. This covenant survives termination of any related agreements.

3. Representations and Warranties

Affiant represents and warrants that Affiant has the full legal capacity and authority to execute this Affidavit and to release all claims described herein, that Affiant is the sole owner of the claims asserted, and that there are no prior assignments, liens or encumbrances that impair the right to receive the Settlement Amount, except as disclosed in writing to Settling Party at the time of execution.

4. Taxes and Withholding

Each Party shall be responsible for its own tax liabilities arising from the settlement, and Affiant acknowledges responsibility for reporting and payment of any taxes due on the Settlement Amount, unless the Parties expressly agree otherwise in writing.

5. Indemnification

Affiant agrees to indemnify, defend and hold harmless Settling Party from and against any third-party claim, demand or liability resulting from Affiant's breach of the representations and warranties contained in this Affidavit.

6. Dismissal of Claims

Within days after receipt of the final payment required by Section 1, Affiant shall file or cause to be filed a dismissal with prejudice of all claims in the Matter, or shall execute a stipulated dismissal satisfactory to Settling Party.

7. Confidentiality

The Parties agree that the terms of this settlement are confidential and will not be disclosed to any third party except as required by law, as necessary to effectuate this Agreement, or with the prior written consent of the other Party. Any permitted disclosure must maintain the confidential nature of the discussions to the fullest extent possible.

8. Enforcement; Remedies

In the event of default in payment or material breach, the non-breaching Party shall be entitled to specific performance, injunctive relief, and to recover reasonable attorneys' fees, costs and other damages as permitted by law. The Parties agree that the prevailing Party is entitled to recover such fees and costs.

9. Notices

All notices shall be in writing and delivered by hand, nationally recognized overnight courier, or certified mail (return receipt requested) to the addresses set forth above, and shall be effective upon receipt.

10. Amendments; Waiver; Counterparts

This Affidavit may be amended only by a written instrument signed by both Parties. No failure or delay in exercising any right shall operate as a waiver. This Affidavit may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

11. Governing Law; Entire Agreement; Severability

11.1 Governing Law. This Affidavit shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws rules.

11.2 Entire Agreement. This Affidavit, together with any written settlement agreement referenced herein, constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior negotiations and understandings.

11.3 Severability. If any provision of this Affidavit is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. Affiant's Sworn Statement

Affiant certifies under penalty of perjury under the laws of the State of that the statements made in this Affidavit are true and correct to the best of Affiant's knowledge and belief, and that Affiant understands this Affidavit may be used in reliance by Settling Party.

Acknowledgment

The undersigned Parties acknowledge that they have read and understand all terms of this Affidavit, have had the opportunity to consult with counsel, and sign this Affidavit voluntarily and with full knowledge of its legal effect.

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