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UNITED STATES DISTRICT COURT

[courtDistrict], [courtDivision]

[plfName]	)	Case No (LT)
Petitioner	)	[caseNo]
)
v.	)
)
[defName]	)
Respondent	)

CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE

Intro

THIS CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE (the "Agreement") is made and entered into by and between [defName] (the “Company”) – with its principal place of business at [defAddy] – and [plfName], an individual (“[plfShrtNm]”). The Company and [plfShrtNm] are collectively referred to as the “Parties”.

This Agreement is based on the Parties’ mutual obligations and commitments as agreed to settle the lawsuit brought by [plfShrtNm] against the Company, originally filed in the [courtName], Case No., [caseNo] (hereinafter referred to as the “Lawsuit”), as well as all other claims and potential claims asserted or that could be asserted against the Released Parties (as defined below) including the Company by [plfShrtNm] through the date of [plfShrtNm]’s execution of this Agreement, including, without limitation, any and all claims arising out of or that are in any way related to [plfShrtNm]’s interactions in any capacity with the Company or Released Parties.

RECITALS

On or about [dtFld], [plfShrtNm] filed [his/her] “Verified Civil Complaint” in the Lawsuit. This Complaint alleged violations of state and federal laws including the [lstOfStatutes] against the Company.

The Company denied the claims asserted by [plfShrtNm] in [his/her] Lawsuit and filed a Motion to Dismiss [plfShrtNm]’s claims.

In the interest of avoiding the continuing expense of litigation, the Parties have reached a negotiated settlement of the Lawsuit on the terms set forth herein.

It is expressly understood and agreed by the Parties that this Agreement shall not be construed as, or be deemed to be, evidence of an admission or concession of any wrongdoing, fault, liability, or damage whatsoever on the part of any of the Parties. The Company expressly denies any wrongdoing or liability to [plfShrtNm].

NOW THEREFORE, for and in consideration of the payment to [plfShrtNm] of the amount referenced below, [plfShrtNm]’s dismissal of the Lawsuit with prejudice and general release of claims in favor of the Released Parties, and the acknowledgments, mutual promises and covenants contained herein by the Parties, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

Recitals. The above Recitals are true and correct and are incorporated herein by reference.

Consideration and Payment to [plfShrtNm]. In consideration of [plfShrtNm]’s dismissal of the Lawsuit with prejudice, general release of claims and other promises and covenants set forth herein, Company agrees to pay [plfShrtNm] – and [plfShrtNm] agrees to accept – the total gross sum of [sttlAmt] (the “Settlement Amount”). So long as the Agreement has become effective and all pre-conditions of payment have been complied with, the Settlement Amount be paid and disbursed to [plfShrtNm] in a single payment as follows:

The Company will pay to “ [plfName]” the Settlement Amount of [sttlAmt], for which the Company shall issue an IRS Form 1099-MISC to [plfShrtNm].

The Settlement Amount payment above shall be delivered to [plfShrtNm] at:

[plfAddy]

within 30 calendar days of the dismissal with prejudice of the Lawsuit against Company.

As a condition precedent to delivery of the Settlement Amount to [plfShrtNm], [plfShrtNm] must first execute this Agreement and return it to legal counsel for the Company, and complete and execute a Form W-9 (Request for Taxpayer Identification Number and Certification) and deliver the W-9 to legal counsel for the Company. The executed Agreement and W-9 can be emailed to counsel for the Company, [defAtty] at [defEml].

The Company’s payment of the Settlement Amount and the Parties’ other covenants, promises and releases contained in this Agreement, shall be deemed sufficient and adequate consideration for this Agreement and all terms herein for all Parties, including, without limitation, full and final settlement of the Lawsuit and compromise by and between the Parties and for any and claims of any nature by and between them, whether known or unknown at this time.

Allocation. The Company’s payment of the Settlement Amount includes [plfShrtNm]’s disputed claims for payment of compensatory damages. No portion of the Settlement Amount is allocated for any punitive damages and [plfShrtNm] agrees [he/she] has no entitlement to punitive damages. [plfShrtNm] also agrees [he/she] has no entitlement to payment of back wages related to the claims in this Lawsuit. [plfShrtNm] shall be solely responsible and liable for the selection of the method of tax reporting, the tax designation, the tax treatment and the payment of all state and/or federal taxes as to all payments described in Section 2 above. The Settlement Amount is the entire amount the Company will pay to [plfShrtNm] and on [his/her] behalf, without regard to any such tax treatment. The Company, its agents, attorneys, and representatives have not made and do not make any representations or warranties with respect to any state and/or federal tax treatment, tax reporting, or other issues in regard to the payments made under this Agreement. [plfShrtNm] shall rely solely on the advice of [his/her] tax advisor and/or [his/her] legal counsel in this regard. In addition to paying federal and/or state taxes (if any) – which are required to be paid with respect to any of the payments made to [plfShrtNm] – [plfShrtNm] hereby agrees to:

indemnify;

hold harmless; and

pay for reasonable attorneys’ fees and costs (to defend the Company, its officers, members, managers and agents) for any:

claim;

threatened claim;

tax bills;

liability;

judgments and tax liens asserted (by any federal or state taxing authority) relating to (or in connection with) any tax reporting method.

The tax designation (and/or tax treatment) of the payments made under this Agreement – including but not limited to – any liability for employment or income tax withholding, penalties (and/or interest arising out of or) relating to the payments made under this Agreement by the Company.

Dismissal of the Lawsuit. Within three (3) business days of the last execution of this Agreement by a Party, [plfShrtNm] and counsel for the Company shall file a Joint Notice of Dismissal with Prejudice of the Lawsuit in accordance with applicable rules. Except as otherwise provided herein, each party shall bear its own attorney’s fees, costs and expenses.

General Release by [plfShrtNm]. With the exception of the obligations arising directly from this Agreement, and in consideration of the good and valuable consideration provided hereunder, including the Settlement Amount, [plfShrtNm] on behalf of [himself/herself] and [his/her] spouse, heirs, executors, administrators, legal representatives, successors, agents, and assigns or others acting on [his/her] behalf, hereby unconditionally releases and discharges the Company and its past and present officers, directors, employees, agents, representatives, insurers, attorneys and related entities, and any successors and assigns thereof (collectively, the “Released Parties,” said term to include the Company) of and from any and all manner of claims, controversies, charges, complaints, causes of action, suits, damages of any nature (including compensatory, punitive and attorneys’ fees and costs), debts, rights, duties, obligations, compensation, wages, bonuses, overtime, commissions, paid days off, vacation days, accounts, reckonings, bonds, bills, specialties, covenants, contractual claims (whether oral, written or implied), tort claims (including negligence and defamation), and claims based on federal, state or local laws including without limitation those dealing with employment, discrimination, or retaliation of any nature, whether in law or in equity, both past and present, known and unknown (all collectively referred to as “Claims”) which [plfShrtNm] ever had, now has, or hereafter can, shall or may have, against the Released Parties for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date of execution of this Agreement. [plfShrtNm] further covenants and agrees not to sue the Released Parties for monetary relief or money damages for any Claims settled and/or released hereby and agrees that if [he/she] does so [he/she] shall be in material breach of this Agreement. The Claims settled and/or released and extinguished also hereby specifically include [plfShrtNm]’s claims against Company as set forth in the Lawsuit, and any and all other Claims, whether or not asserted by [plfShrtNm], that refer to, relate to, or arise from any contact between [plfShrtNm] and Company or Company and Standard Insurance Company, which is also a defendant in the Lawsuit.

[plfShrtNm] understands that this general release and waiver [he/she] is providing is not intended to indicate that any such claims exist, or that if they do exist, they are meritorious. Rather, [plfShrtNm] is simply agreeing that in exchange for the consideration recited above, any and all potential claims of this nature that [he/she] may have against Released Parties including the Company, regardless of whether they actually exist, are expressly settled, compromised, and waived. By signing this Agreement, [plfShrtNm] is bound by it. Anyone who succeeds to [plfShrtNm]’s rights and responsibilities, such as heirs, or the executor of [his/her] estate, is also bound by this Agreement. This Agreement also applies to any Claims brought by any person, or agency, collective action, or class action under which [plfShrtNm] may have a right or benefit.

Confidentiality and Non-Disparagement. [plfShrtNm] agrees to keep this Agreement confidential and not to disclose this Agreement to any third party other than in confidence to [his/her] spouse, tax advisor, attorneys or as allowed by, or required by, applicable law. This Agreement may be disclosed by either Party to this Agreement in any proceeding to enforce the terms of this Agreement. The Company agrees to refrain from making any defamatory statements about [plfShrtNm], and [plfShrtNm] agrees to refrain from making any defamatory statements regarding Company and its owners, officers, managers and employees.

No Employment. [plfShrtNm] acknowledges and agrees that [he/she] has never been employed by Company and that except for the Settlement Amount provided for herein, Company owes [plfShrtNm] no remuneration or payment of any kind.

Opportunity to Consider and Confer. [plfShrtNm] expressly warrants and represents that before executing this Agreement [he/she] fully read this Agreement and [he/she] understands the terms and effects of this Agreement; that in entering into this Agreement, [plfShrtNm] had the benefit of the advice of counsel of [plfShrtNm]’s own choosing at [his/her] own expense, or that [he/she] knowingly and voluntarily decided to forego the retention of counsel. In any event, [plfShrtNm] warrants [he/she] is in complete agreement with the terms of this Agreement and [he/she] is entering this Agreement knowingly and voluntarily of [his/her] own free will with the intent to be bound hereby.

Governing Law; Enforcement of Agreement; Attorneys’ Fees and Costs. This Agreement shall be governed and enforced in accordance with the laws of the State of Florida, without regard to its choice of law provisions. The Florida federal and state courts shall have exclusive jurisdiction over the enforcement of this Agreement and venue shall lie exclusively in those federal and state courts in and over Duval County, Florida. In the event an action is instituted for breach of this Agreement, each party shall bear its own attorney’s fees and costs, including attorney’s fees and costs on appeal.

Interpretation. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not for or against the drafter. The Parties acknowledge and agree that each party contributed to and is equally responsible for its preparation.

Binding Effect; Modification. The terms, covenants, warranties and representations contained herein shall be binding upon the Parties and their respective heirs, assigns and successors to the full extent permitted by law. Failure of any party to exercise its rights under this Agreement shall not in any way be construed as a waiver or prevent either Party from thereafter enforcing the terms and conditions herein. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, oral or otherwise, with respect to the subject matter hereof. This Agreement and the terms herein may not be waived, modified or terminated except by an instrument in writing signed by all Parties to this Agreement.

Severability. If any clause or provision in this Agreement is found to be void, invalid, or unenforceable, it shall be modified by a court of competent jurisdiction to be valid and enforceable. If such clause or provision is not capable of modification to make it valid and enforceable, the invalid or unenforceable clause or provision shall be severed from the remaining provisions and clauses and the remaining provisions and clauses shall remain in full force and effect.

Counterparts; Electronic Signature. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same document. An executed copy or PDF of this Agreement shall have the same effect as an original. This Agreement may be executed electronically, and an electronic signature shall be considered an original signature and shall have the same force and effect as a handwritten signature.

WAIVER OF JURY TRIAL. The Company and [plfShrtNm] hereby knowingly, voluntarily and intentionally waive any right either may have to a trial by jury with respect to any litigation related to or arising out of, under or in conjunction with this agreement or [plfShrtNm]’s employment with the company.

Effective Date. The “Effective Date” of this Agreement is the last date of execution by a Party to the Agreement below.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below with the intent to be legally bound hereby.

“Company”	“[plfShrtNm]”
[defName] By: _________________________ [persName] Date: _____________________	[plfName] By: _________________________ [plfName] Date: _________________________ Current Address: [plfAddy]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I delivered a true and correct copy of the foregoing to the following (via email):

/s/ [plfName]

[plfName], Plaintiff

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (defendant’s trial lawyers)

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Settlement

BUY™	SELL™	SHOP™
Downloaded From www.TextBookDiscrimination.com
SELL YOUR OWN TEMPLATES (help others get the justice that they deserve)
BUY™	SELL™	SHOP™