Fill and Sign the Settlement Agreement and Mutual Release Recitals Amazon S3 Form

SETTLEMENT AGREEMENT AND FULL, FINAL AND ABSOLUTE MUTUAL RELEASE BREACH OF CONTRACT FOR AND IN CONSIDERATION of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge d by all parties, the parties agree and covenant as follows: 1. The undersigned _______________ ("_______________"), a ______________ business corporation, does hereby release, acquit and forever discharge _______________ ("_______________"), a ________________ business corporation, its officers, directors, successors, shareholders, agents, assigns, employees, representatives, and any and all other persons, firms and corporations whatsoever, from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever, both known and unknown, arising out of, related to or in any way connected with that certain contract entered into by and between _________________ and ________________ dated the ____ day of _______________, 2000 and specifically including but not limited to, any and all claims or demands which were alleged or which could have been alleged in Cause No. _______________ in the _______ Court of _______________ County, ________________ styled, _______________ vs. _______________. 2. The undersigned _______________ does hereby release, acquit and forever discharge _______________ its, successors, agents, assigns, officers, directors, shareholders, employees, representatives, and any and all other persons, firms and corporations whatsoever, from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever, both known and unknown, specifically including but not limited to, any and all claims for intellectual property infringement t hrough the date hereof, breach of contract, defamation, and any claims arising out of the aforementioned contract and which could have been brought as a Counterclaim in Cause No. _______________ in the _____ Court of _______________ County, ________________styled, _______________ vs. _______________. 3. It is understood and agreed that the settlement evidenced by this Release is a compromise of all claims herein specified, whether past, present or future, that such claims are doubtful and disputed, and that execution of this Release is not to be construed as an admission of liability on the part of any party. Rather, liability is expressly denied. 4. The consideration expressly mentioned herein is the only consideration paid or to be pai d by said parties hereby released. No representations as to damages or liability have been made. The parties acknowledge that no other party, or agent, or attorney of any other party, has made any promise, or representation or warranty to induce this Release, not herein expressly set forth, and no such promises, representations or warranties are relied upon as a consideration for this Release, or otherwise, but any and all of the parties' respective claims, of whatever nature are hereby fully and forever released, compromised and settled. Full and complete compromise, settlement, and accord and satisfact ion are hereby acknowledged, and it is expressly agreed by the undersigned parties never to sue any of the other parties hereby released on any alleged promise, representation or warranty for this Release not herein expressly set forth. 5. This Agreement contains the entire agreement and understanding between the parties as to the matters specified herein and supersedes and replaces all prior negotiations or proposed agreements on this subject matter, whether written or oral. The terms contained herein may not be modified or amended except in writing signed by the parti es. The terms of this Release are contractual and not a mere recital. Since t he purpose of this Release is to end this matter forever, should it develop that there are any errors, mistakes or any omissions in this instrument, whether legal or factual and whether mutua l or unilateral, which would cause the release of the parties herein released to be defective or less than complete, then the undersigned will sign any and all documents and do any and all things necessary to effectuate a full, final and absolute release of said pa rties and all others having any liability in the premises. 6. The undersigned further state that they have carefully read the foregoing instrument; t hat they know the contents thereof; that it has been fully explained to them by thei r attorney; that they understands and agrees to each and every term and condition contained herein; that they signed the same as their own free act and deed; and that they have not assigned any rights released hereunder to any person or organization, private or governmental. 7. The terms of this Release arose from negotiations and discussions between the parti es, each of whom were represented by legal counsel. Accordingly, no claimed ambiguity in this Release shall be construed against any party claimed to have drafted or proposed the language in question. 8. This Release shall be governed by and construed pursuant to the laws of the State of ________________. In the event legal proceedings are initiated to enforce the terms of this Release, the prevailing party shall be entitled to recover from the losing pa rty or parties its litigation expenses, costs and attorneys' fees at trial and on appeal. 9. This Release may be executed in two counterparts, each of which shall be deeme d an original. WITNESS OUR SIGNATURES, this the ____ day of ___________, 20______. __________________________________ __________________________________ SETTLEMENT AGREEMENT AND FULL, FINAL AND ABSOLUTE MUTUAL RELEASE BREACH OF CONTRACT FOR AND IN CONSIDERATION of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge d by all parties, the parties agree and covenant as follows: 1. The undersigned _______________ does hereby release, acquit and forever discharge _______________ , and his or her heirs, executors, and assigns, successors, employees, representatives, and any and all other persons, firms and corporations whatsoever, from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever, both known and unknown, arising out of, related to or in any way connected with that certain contract entered into by and between _________________ and ________________ dated the ____ day of _______________, 20___ and specifically including but not limited to, any and all claims or demands which were alle ged or which could have been alleged in Cause No. _______________ in the _______ Court of _______________ County, ________________ styled, _______________ vs. _______________. 2. The undersigned _______________ does hereby release, acquit and forever discharge _______________ and his and her heirs, successors, agents, assigns, employees, representatives, and any and all other persons, firms and corporations whatsoever, from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever, both known and unknown, specifically including but not limited to, any and all claims for breach of the aforesaid contract, and any claims arising out of the aforementioned contract and which could have been brought as a Counterclaim in Cause No. _______________ in the _____ Court of _______________ County, ________________styled, _______________ vs. _______________. 3. It is understood and agreed that the settlement evidenced by this Release is a compromise of all claims herein specified, whether past, present or future, that such claims are doubtful and disputed, and that execution of this Release is not to be construed as an admission of liability on the part of any party. Rather, liability is expressly denied. 4. The consideration expressly mentioned herein is the only consideration paid or to be pai d by said parties hereby released. No representations as to damages or liability have been made. The parties acknowledge that no other party, or agent, or attorney of any other party, has made any promise, or representation or warranty to induce this Release, not herein expressly set forth, and no such promises, representations or warranties are relied upon as a consideration for this Release, or otherwise, but any and all of the parties' respective claims, of whatever nature are hereby fully and forever released, compromised and settled. Full and complete compromise, settlement, and accord and satisfact ion are hereby acknowledged, and it is expressly agreed by the undersigned parties never to sue any of the other parties hereby released on any alleged promise, representation or warranty for this Release not herein expressly set forth. 5. This Agreement contains the entire agreement and understanding between the parties as to the matters specified herein and supersedes and replaces all prior negotiations or proposed agreements on this subject matter, whether written or oral. The terms contained herein may not be modified or amended except in writing signed by the parti es. The terms of this Release are contractual and not a mere recital. Since t he purpose of this Release is to end this matter forever, should it develop that there are any errors, mistakes or any omissions in this instrument, whether legal or factual and whether mutua l or unilateral, which would cause the release of the parties herein released to be defective or less than complete, then the undersigned will sign any and all documents and do any and all things necessary to effectuate a full, final and absolute release of said pa rties and all others having any liability in the premises. 6. The undersigned further state that they have carefully read the foregoing instrument; that they know the contents thereof; that it has been fully explained to them by t heir attorney; that they understands and agrees to each and every term and condition contained herein; that they signed the same as their own free act and deed; a nd that they have not assigned any rights released hereunder to any person or organization, private or governmental. 7. The terms of this Release arose from negotiations and discussions between the parti es, each of whom were represented by legal counsel. Accordingly, no claimed ambiguity in this Release shall be construed against any party claimed to have drafted or proposed the language in question. 8. This Release shall be governed by and construed pursuant to the laws of the State of ________________. In the event legal proceedings are initiated to enforce the terms of this Release, the prevailing party shall be entitled to recover from the losing pa rty or parties its litigation expenses, costs and attorneys' fees at trial and on appeal. 9. This Release may be executed in two counterparts, each of which shall be deeme d an original. WITNESS OUR SIGNATURES, this the ____ day of ___________, 20____. __________________________________ __________________________________