Fill and Sign the Settlement Agreement Tradename Form

SETTLEMENT AGREEMENT WHEREAS, on or about ____________, _____, __________________, a __________________ Corporation (hereinafter referred to as "__________________"), filed a Complaint against __________________, d/b/a __________________ (hereinafter referred to as "____________"), said Complaint being filed in the ____________ Court of ____________ County, ________________, in cause No. ____________ on the docket of said Court; and WHEREAS, __________________ sought a permanent injunction against __________________ to enjoin and restrain __________________ from using, in any manner, the registered service mark of __________________ or the word "__________________," or any derivative thereof being colorably similar thereto, and from otherwise infringing on Plaintiff's tradename, logo, registered service mark and name, and further sought an Order requiring __________________ to destroy, or deliver up for destruction, all labels, signs, prints, stationery, advertisements, and other items which bear or display the name "__________________" or any derivative thereof being colorably similar thereto, and all plates, matrices, molds, and other means of marking same, along with damages in the amount of __________________________ Dollars ($____________), attorneys' fees, costs, and other relief as prayed for in said Complaint; and WHEREAS, on or about ____________, _____, __________________ began a business called "__________________" or "__________________," said business being operated at __________________________, ____________ County, ____________; and WHEREAS, __________________ and __________________, without making any admissions of fact or of law, and being desirous of terminating the aforesaid litigation a nd resolving the issues presented by the Complaint, and any other pleadings or documents filed for record in said cause, have reached an agreement to settle and compromise all issues presented by said Complaint and all actions, causes of action, claims or demands which __________________ may have against __________________; NOW, THEREFORE, FOR AND IN CONSIDERATION of the termination of litigation between the parties and in further consideration of the covenants and agreements of the parties herein, the sufficiency of said consideration being hereby expressly acknowledged, __________________ and __________________ do hereby agree as follows: 1. __________________ shall, within _____ (_____) days from the date of this Agreement, immediately cease using in any manner the registered service mark of "__________________" or the words "__________________" or "__________________" or any derivative thereof being colorably similar thereto, and shall destroy all la bels, signs, prints, stationery, advertisements and other items which bear or display the name "__________________" or "__________________" or any derivative thereof being colorably similar thereto, and all plates, matrices, molds, and other means of making same. 2. __________________ does further agree that from and after _____ (_____) days of the date of this Agreement, he will not directly or indirectly own, manage, operate, join, control or participate in the ownership, management, operation, or control of, or be connected i n any manner with, whether as owner, agent, salesman, employee, shareholder or otherwise, any business within the corporate limits of the Town of __________________, __________, which business uses the name "__________________" or "__________________" and participates in any way, directly or indirectly, in the sale of __________________. 3. Notwithstanding the foregoing, and any provision herein to the contrary, this Agreement shall be of no further force or effect as to any restrictions on __________________ should __________________, ever cease doing business in ____________ County ____________.4. __________________ agrees that, within _____ (_____) days of the date of this Agreement, a voluntary dismissal shall be filed in the aforesaid suit, being Cause No. ____________ in the ____________ Court of ____________ County, ___________, in the form of the document attached hereto and expressly made a part hereof as Exhibit "A." 5. The undersigned __________________, by and through its duly-authorized officer, for itself, its successors and assigns, does hereby release, acquit, and forever discharge __________________, his employees, successors and assigns, from any and all claims, demands, actions or causes of actions which were asserted or which could have been asserted in the aforesaid suit pending in the ____________ Court of ____________ County, ____________, styled "__________________ v. __________________," and being Cause No. ____________ on the docket of said Court. 6. This Agreement contains the entire agreement between the parties, and this Agreement can only be changed, modified or altered by written instrument signed by both parties. 7. The undersigned parties agree that in the event of a violation of this Agreement, the violating party will pay all reasonable costs and expenses of any suit brought to enforce this Agreement, including reasonable attorneys' fees. This Agreement is executed in duplicate originals this the _____ day of ____________, _____. __________________ _____________________________ BY: _______________________________ __________________ __________________, President APPROVED: ________________________________ __________________, Attorney for __________________ ________________________________ __________________, Attorney for __________________ STATE OF _______________ COUNTY OF __________________Personally came and appeared before me, the undersigned authority in and for the aforesaid jurisdiction, __________________, who acknowledged that he has this day signed, executed and delivered the above and foregoing Settlement Agreement, for the purposes therei n stated, after having first duly read completely the same, and after having had the be nefit of his attorney's advice and an understanding of all the terms thereof. GIVEN under my hand and official seal, this the _____ day of ____________, _____. _________________________________ Notary Public My Commission Expires: _____________________ STATE OF _______________ COUNTY OF ____________ Personally came and appeared before me, the undersigned authority in and for the aforesaid jurisdiction, __________________, as ____(title)_______ of __________________, who acknowledged that he has this day signed, executed and delivered the above and foregoing Settlement Agreement, for and on behalf __________________, and as the act and deed of __________________, for the purposes therein stated, after having first duly read completely the same:, and after having had the benefit of his attorney's advice and an understanding of all the terms thereof. GIVEN under my hand and official seal, this the _____ day of ____________, _____. ___________________________ Notary Public My Commission Expires: _____________________