Legal Tort Document

LEGAL TORT SETTLEMENT AND RELEASE AGREEMENT

This Legal Tort Settlement and Release Agreement (the agreement) is entered into as of the Effective Date by and between Plaintiff Name: and Defendant Name: . Effective Date:

RECITALS

WHEREAS, Plaintiff alleges that on or about Incident Date: an incident occurred giving rise to claims for tort, personal injury, property damage, or other legal relief as described in Claim Description: against Defendant;

WHEREAS, the Parties desire to avoid the expense, inconvenience, delay and uncertainty of further litigation and to settle and resolve all disputed claims between them on the terms set forth below;

WHEREAS, Defendant denies liability but is willing to provide consideration to resolve the matters in order to bring finality to all disputes between the Parties.

NOW, THEREFORE

In consideration of the mutual covenants and other good and valuable consideration set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below: "Claims" means any and all past, present or future claims, demands, rights, actions, causes of action, suits, liabilities, damages, losses, costs and expenses of whatever kind or nature, whether known or unknown, suspected or unsuspected, arising out of or related to the incident described in the Recitals.

2. SETTLEMENT PAYMENT

In full and final settlement of the Claims, Defendant agrees to pay Plaintiff the sum of: USD (the "Settlement Amount").

Payment shall be made by Defendant to Plaintiff by Payment Method: on or before Payment Date: . If payment is not received by such date, the Parties' respective remedies at law shall be reserved as provided by this Agreement.

3. RELEASE

Upon receipt of the Settlement Amount, Plaintiff, on behalf of Plaintiff and Plaintiff's heirs, executors, administrators, agents, insurers and assigns, hereby irrevocably releases and forever discharges Defendant and Defendant's officers, directors, employees, agents, insurers, successors and assigns from any and all Claims arising out of or related to the incident described above, whether known or unknown, suspected or unsuspected, which accrued prior to the Effective Date.

4. COVENANT NOT TO SUE; DISMISSAL

Plaintiff covenants and agrees not to institute, pursue, maintain or assist in the institution or prosecution of any action or proceeding based upon the released Claims. Within Dismissal Period (days) days after receipt of the Settlement Amount, Plaintiff shall file a dismissal with prejudice of any pending legal action asserting the released Claims.

5. NO ADMISSION OF LIABILITY

The Parties agree that this Agreement and compliance with this Agreement shall not be construed as an admission of liability by any party, and no statement contained in this Agreement shall be offered or received in evidence as an admission of liability in any proceeding, except as may be necessary to enforce its terms.

6. CONFIDENTIALITY

The Parties agree that the terms, amount and existence of this settlement shall be Confidential: Check if settlement terms are to remain confidential. If checked, neither Party shall disclose the terms, amount or existence of this Agreement to any third party except as required by law or to a Party's legal or tax advisors who agree to keep such information confidential.

7. INDEMNIFICATION

Each Party agrees to indemnify, defend and hold harmless the other Party from and against any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of any breach of this Agreement or any representations or warranties made herein.

8. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that it has the full right, power and authority to enter into this Agreement; that the execution and delivery of this Agreement has been duly authorized; that this Agreement constitutes the valid and binding obligation of such Party enforceable in accordance with its terms; and that no other person or entity holds any interest in the Claims being released that would impair the full and complete release contemplated by this Agreement.

9. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be delivered to the Parties at the addresses below by certified mail, overnight courier, or personal delivery, and shall be deemed given when received.

10. AMENDMENT; WAIVER

This Agreement may be amended or modified 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.

11. GOVERNING LAW

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

12. ENTIRE AGREEMENT; SEVERABILITY

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, whether oral or written. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

13. COUNTERPARTS; EXECUTION

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. Facsimile or electronic signatures shall be treated as originals for purposes of enforcement.

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