OWI Settlement Waiver

OWI Settlement Waiver

This OWI Settlement Waiver (the Agreement) is made and entered into on this by and between Claimant Name: with mailing address (hereinafter referred to as "Claimant"), and Respondent Name: with mailing address (hereinafter referred to as "Respondent"). The Claimant and Respondent are collectively referred to as the Parties.

Recitals

WHEREAS, Claimant was charged with Operating While Intoxicated in Case Number in the , County of , State of (the Incident);

WHEREAS, the Parties desire to resolve all civil and administrative claims, disputes, and demands arising out of or related to the Incident without further litigation, appeal, or administrative challenge, and to define their respective rights and obligations with respect to such resolution;

WHEREAS, the Parties intend that this Agreement constitute a final, complete and binding settlement and waiver of the Released Claims (as defined below) upon the terms set forth herein.

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

1.1 "Released Claims" means any and all claims, actions, causes of action, suits, debts, liens, demands, liabilities, damages, costs, attorneys' fees, losses and expenses, whether known or unknown, suspected or unsuspected, asserted or unasserted, arising from or relating to the Incident, the OWI charge, any arrest, detention, search or seizure related thereto, and any administrative matters directly stemming therefrom.

2. Settlement Payment

2.1 In full consideration for the undertakings and releases set forth in this Agreement, Respondent shall pay to Claimant a total settlement amount of $ (Settlement Amount) according to the payment terms set forth below.

2.2 Payment Method: Lump sum Installments

2.3 If installment payments are selected, the Parties agree to the following schedule and terms:

3. Release and Waiver

3.1 Upon Respondent's full performance of its payment and other obligations under this Agreement, Claimant, for himself/herself and his/her heirs, executors, administrators, successors and assigns, hereby irrevocably releases and forever discharges Respondent and its agents, employees, officers, officials, insurers, successors and assigns from the Released Claims.

3.2 Claimant expressly acknowledges and agrees that this release includes unknown or unanticipated claims arising from facts now unknown, and waives any rights under applicable law to assert that this Agreement is void or voidable because of such unknown claims.

4. Dismissal / Administrative Action

4.1 Within days after Respondent's receipt of any required release documents and after any mandatory waiting period, Respondent shall take the following actions: file a motion, stipulation, or administrative request to dismiss or otherwise resolve the OWI charge in the Case Number referenced above, or take the administrative action specified herein:

4.2 Nothing in this Agreement requires Respondent to take any action that would contravene statutory duties or the legitimate obligations of a prosecuting authority.

5. No Admission of Liability

5.1 The Parties acknowledge and agree that this Agreement is being entered into to avoid the expense, inconvenience and uncertainty of litigation and is not to be construed as an admission of wrongdoing, fault, or liability by any Party.

6. Confidentiality

6.1 Except as required by law or court order, the Parties agree to keep the terms and amount of this Agreement confidential. The Parties may disclose the terms of this Agreement to their legal counsel, tax advisors, insurers, and immediate family who have a need to know and who are informed of the confidentiality obligations.

6.2 Breach of confidentiality by either Party shall entitle the non-breaching Party to pursue injunctive relief and any other remedies available at law or in equity.

7. Cooperation and Further Assurances

7.1 Each Party shall execute and deliver such additional instruments and take such further actions as may be reasonably necessary to effectuate the purposes of this Agreement, including executing releases, waivers, and any forms required by courts or administrative bodies.

8. Representations and Warranties

8.1 Each Party represents and warrants that it has full authority to enter into this Agreement, that the person signing on its behalf is authorized to bind the Party, and that no other person or entity's consent is required for the performance of this Agreement.

8.2 Claimant represents that he/she has not assigned, transferred or encumbered any of the Released Claims, and that Claimant will not thereafter assign any right, claim or interest included within the Released Claims.

9. Indemnification

9.1 Each Party shall indemnify, defend and hold harmless the other Party from and against any and all third-party claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of the indemnifying Party's breach of any representation, warranty, covenant, or obligation under this Agreement.

10. Taxes

10.1 Each Party is responsible for its own tax reporting and payment obligations, if any, arising from amounts paid under this Agreement. Claimant shall be solely responsible for any taxes assessed on settlement proceeds and shall indemnify Respondent for any such taxes, penalties or interest attributable to Claimant's tax obligations.

11. Notices

11.1 All notices, demands and communications required or permitted under this Agreement shall be in writing and shall be deemed delivered when personally delivered, sent by nationally recognized overnight courier, or three (3) days after being deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the Parties at the addresses set forth below, or at such other address as a Party may designate by notice to the other Party in accordance with this Section.

12. Governing Law; Venue

12.1 This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles. The Parties submit to the exclusive jurisdiction of the state and federal courts located in for the resolution of any dispute arising out of this Agreement.

13. Entire Agreement; Severability; Amendments

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

13.2 If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

13.3 No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties.

14. Waiver; Counterparts

14.1 The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or of the right to enforce it in the future.

14.2 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 facsimile or electronic image shall be deemed original signatures for all purposes.

15. Miscellaneous

15.1 The Parties acknowledge that they have been given the opportunity to consult with independent legal counsel of their choice, that they fully understand the terms of this Agreement, and that they enter into this Agreement knowingly and voluntarily.

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