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6.A. - Page 4 of 11
<br />SETTLEMENT AGREEMENT AND MUTUAL RELEASE
<br />(b) Delivery by Defendants no later than four weeks after conditions 4.1, 4.2, 4.3 and 4.4 have
<br />been satisfied to Thompson Law Offices, P.C., one or more negotiable checks in the sums set forth
<br />above made payable to "Thompson Law Offices, P.C. Attorney Trust Account for Marcus Smith,"
<br />and to no other persons ("the Settlement Funds").
<br />4.6 Dismissal with Prejudice of Cross -Complaints. Cross -Defendants CITY,
<br />SMCOE, SHORES and MANOR agree to file dismissals with prejudice of their respective Cross -
<br />Complaints within ten (10) days of receipt of a fully executed dismissal with prejudice of Plaintiffs
<br />complaint.
<br />5. RELEASES BY PLAINTIFF. Except as to such rights as are created or preserved
<br />by this Agreement, in consideration for the payment described in Section 4.5, above, Plaintiff, does
<br />hereby forever release and discharge Defendants, and any of their respective subsidiaries,
<br />subdivisions, Boards, Councils, officers, directors, agents, insurers, reinsurers, attorneys, servants
<br />or employees, and all others, (hereinafter collectively called the "Releasees") from any and all
<br />actions, causes of action, obligations, costs, damages, losses, claims, liabilities and demands
<br />(including claims arising out of contract), arising out of or in any way connected with or resulting
<br />from the incident which allegedly occurred on or about June 5, 2017, in Redwood Shores,
<br />California, and all of those matters set forth in the Subject Action, as a result of which personal
<br />injury and other loss and damage were alleged to have been sustained by Plaintiff. This is a full
<br />and final Release of any and all claims arising out of the matters set forth above.
<br />6. RELEASES BY DEFENDANTS/CROSS-DEFENDANTS. CITY, SMCOE,
<br />SHORES and MANOR do hereby forever release and discharge each other, and their Boards,
<br />Councils, officers, directors, agents, departments, divisions, insurers, reinsurers, attorneys,
<br />servants, employees, and all others from any and all actions, causes of action, obligations, costs,
<br />damages, losses, claims, liabilities and demands, arising out of or in any way connected with or
<br />resulting from the incident which allegedly occurred on or about June 5, 2017, in Redwood
<br />Shores, California, including and all of those matters set forth in the Subject Action or which
<br />could have been asserted in the Subject Action. This release is intended to include any and all
<br />potential claims for indemnity or contribution related to the Subject Action.
<br />7. RISK OF UNKNOWN CLAIMS. Plaintiff acknowledges that there is a risk that
<br />subsequent to the execution of this Agreement, Plaintiff may discover, incur or suffer claims which
<br />were unknown or unanticipated at the time this Agreement is executed, including, without limitation,
<br />unknown or unanticipated claims which arise from, are based upon, or are related to the Subject Action
<br />or some aspect thereof, which if known by Plaintiff on the date of this Agreement being executed, may
<br />have materially affected Plaintiffs decision to execute this Agreement. Plaintiff expressly assumes the
<br />risk of such unknown and unanticipated claims and agrees that the releases provided in this Agreement
<br />apply to all such claims_
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<br />ATTY/AGREEMENTS/SETTLEMENTS/SMITH -SETTLEMENT AGREEMENT & RELEASE
<br />REV: 04-07-2020 EI
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