PreSettled Case Agreement

PRESETTLED CASE AGREEMENT

This PreSettled Case Agreement ("Agreement") is made and entered into as of by and between Client Name: whose address is (hereinafter "Claimant"), and Respondent Name: whose address is (hereinafter "Respondent").

RECITALS

WHEREAS, Claimant initiated or threatened to initiate a civil action or administrative claim identified as Case Number: asserting claims arising from events occurring on or about ; and

WHEREAS, the parties desire to resolve and settle fully all claims, demands and causes of action between them related to the subject matter of that action without admission of liability and to avoid the burden, expense and uncertainty of further litigation; and

WHEREAS, the parties have agreed upon the terms and conditions set forth below for the settlement and dismissal of the claims;

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

1. SETTLEMENT PAYMENT

1.1 Payment Amount. In full settlement of all claims released by this Agreement, Respondent shall pay to Claimant the total sum of (the "Settlement Amount"), subject to the allocation and withholding provisions set forth below.

1.2 Payment Terms. The Settlement Amount shall be paid as follows: within days of the Effective Date by check or electronic transfer to an account designated by Claimant. If installment payments are agreed, the schedule is:

1.3 Allocation and Withholding. The parties agree that . Respondent shall withhold federal, state or local taxes if required by law; any amount withheld shall be deducted from the Settlement Amount and remitted to the appropriate authority on behalf of Claimant.

2. RELEASE

2.1 Release by Claimant. Subject to payment in full of the Settlement Amount, Claimant, on behalf of Claimant and Claimant's heirs, executors, administrators, representatives, successors and assigns, hereby fully and forever releases and discharges Respondent and its past and present officers, directors, employees, agents, insurers, attorneys, successors and assigns from any and all claims, demands, liabilities, causes of action, suits, obligations, losses and damages of any kind, whether known or unknown, suspected or claimed, which arose up to the Effective Date and which relate to the subject matter of the claims asserted in the Action.

2.2 Release by Respondent. Subject to payment in full of obligations under this Agreement, Respondent, on behalf of itself and its successors and assigns, hereby releases Claimant and Claimant's agents and representatives from any and all claims arising from the same subject matter through the Effective Date.

3. DISMISSAL OF CLAIMS

3.1 Dismissal. Upon receipt of the Settlement Amount in accordance with Section 1, the parties shall cooperate and execute a stipulated dismissal with prejudice of the Action with each party to bear its own costs and attorneys' fees unless otherwise agreed in writing.

3.2 Filing Deadline. The parties shall file the dismissal within days following confirmation of payment. If a party fails to file as required, the non-defaulting party shall be entitled to seek specific performance or other equitable relief to enforce this Agreement.

4. CONFIDENTIALITY

4.1 Confidential Terms. Except as otherwise required by law or court order, the parties agree to keep the terms, amount and existence of this Agreement confidential for a period of years from the Effective Date. Disclosure limited to spouses, counsel, accountants or insurers is permitted if the recipient agrees to maintain confidentiality.

4.2 Exceptions. Notwithstanding the foregoing, any party may disclose the terms of this Agreement to comply with court process, governmental inquiries, or to enforce its terms; however, disclosures shall be limited to the minimum necessary information.

5. NO ADMISSION

The parties acknowledge and agree that this Agreement constitutes a compromise of disputed claims and that neither the payment nor any action taken pursuant to this Agreement shall constitute an admission of liability, wrongdoing, or violation of any statute, rule, or regulation by any party.

6. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has full authority to enter into this Agreement, that it is not aware of any fact that would make the representations false, and that no promise or inducement has been made other than those set forth in this Agreement.

7. TAX TREATMENT

The parties acknowledge that tax consequences may result from the payments made under this Agreement. Claimant is solely responsible for reporting and paying any taxes due on the portion of the Settlement Amount that is taxable. Respondent makes no representations regarding tax consequences.

8. INDEMNIFICATION

Each party agrees to indemnify and hold harmless the other party from and against any claims, liabilities, losses or damages arising from any breach of a representation, warranty or covenant contained in this Agreement, including reasonable attorneys' fees and costs incurred in enforcing this Agreement.

9. NOTICES

All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be delivered to the parties at the addresses set forth below or such other address as either party may designate by notice in accordance with this Section.

10. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a writing signed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party waiving compliance. This Agreement 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 Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

11.2 Entire Agreement. This Agreement constitutes the entire agreement and understanding 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.

11.3 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect and be construed so as to best effectuate the intent of the parties.

12. MISCELLANEOUS

12.1 Enforcement. In the event of breach of this Agreement, the non-breaching party shall be entitled to seek injunctive relief, specific performance and any other remedy available at law or in equity. The prevailing party in any enforcement action shall be entitled to recover reasonable attorneys' fees and costs.

12.2 Authority. Each signatory represents that they have the authority to enter into this Agreement on behalf of the party for whom they sign.

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