HomeMy WebLinkAboutJim Dugan Settlement APPROVED, AS TO
FORM BY: ~'
MUTUAL SETTLEMENT AND RELEASE AGREEMENT
WHEREAS, the parties hereto are desirious of fully settling all controversies,
conflicts, litigation and causes of action which now exist or which may exist among
them, regarding or relating to the specific cause of action now pending in this cause
number 29D04-0105-CP-694 (the"Lawsuit"), without concession or admission of any
liability, breach or fault.
NOW, THEREFORE, in consideration of the mutual and several promises and
undertakings herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
1. Each of the Plaintiffs on behalf of himself or herself and his or her heirs,
executors, administrators, personal representatives, successors, agents, attorneys,
assignees, demgnees, transferees and affiliates, hereby releases and discharges the
Defendants and any of their heirs, executors, administrators, personal representatives,
successors, agents, attorneys, assignees, designees, transferees, affiliates, directors,
officers, shareholders, employees and agents from any and all claims, demands,
liabilities, obligations, costs, expenses, damages, actions, accounts, monies and causes of
action of every nature, character and description, whether known or unknown, whether
accrued or not accrued, and whether liquidated, unliquidated or contingent, which such
Defendant ever had, now has or hereafter can, shall, or may have for, upon or by reason
of any matter, cause or thing whatsoever regarding or relating to the Lawsuit.
2. Each of the Defendants on behalf of himself or herself and his or her heirs,
executors, administrators, personal representatives, successors, agents, attomeys,
assignees, designees, transferees and affiliates, hereby releases and discharges the
Plaintiffs and any of their heirs, executors, administrators, personal representatives,
successors, agents, attorneys, assignees, designees, transferees, affiliates, directors,
officers, shareholders, employees and agents from any and all claims, demands,
liabilities, obligations, costs, expenses, damages, actions, accounts, monies and causes of
action of every nature, character and description, whether known or unknown, whether
accrued or not accrued, and whether liquidated, unliquidated or contingent, which such
Plaintiff ever had, now has o, hereafter can, shall, or rnay have for, upon or by reason of
any matter, cause or thing whatsoever regarding or relating to the Lawsuit.
3. Each of the parties hereto represents that he, she or it has the full legal
right, power and authority to enter into this agreement and that this agreement constitutes
his, hers or its legal, valid and binding obligation and is enforceable against him, her or it
in accordance with its terms.
4. This agreement and any questions regarding its validity or the
interpretation or construction of its provisions shall be governed by the laws of the State
of Indiana without regard to conflicts of laws and principles thereof.
5. This agreement contains the final, complete and exclusive agreement
between the parties hereto with respect to the matters set forth herein. This agreement
shall be deemed to be jointly drafted by all of the parties hereto and shall not be construed
against any party or group as the drafters hereof. Each of the parties hereto acknowledges
that such party is represented by counsel and has had an opportunity to fully consult with
counsel regarding this agreement and that such party fully understands the terms and
conditions of this agreement.
6. The failure in any one or more instances of a party to insist upon
performance of any of the terms, covenants or conditions of this agreement, to exercise
any right or privilege in this agreement conferred, or the waiver by said party of any
breach of any of the terms, covenants or conditions of this agreement shall not be
construed as a subsequent waiver of any such terms, covenants, conditions, rights or
privileges but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occun'ed. No waiver shall be effective unless it is in writing
and signed by an authorized representative of the waiving party.
7. If any term, provision, covenant or restriction of this agreement is held by
a Court of competent jurisdiction or other legal or administrative authority to be invalid,
void or unenforceable, then the parties hereto agree to the reform thereof to the extent
necessary to make such term or provision valid, lawful and enforceable and the remainder
of the terms, provisions, covenants and restrictions of this agreement shall remain in full
force and effect and shall in no way be affected, impaired or invalidated.
8. If any action is brought to enforce this agreement or any claim is brought
in breach of this agreement or any claim is asserted which was released in this agreement,
then the prevailing party in such action shall be entitled to recover the attorney fees,
expenses and costs actually and reasonably expended in connection with such litigation.
9. This agreement shall be binding upon and inure to the benefit of each of
the parties hereto and their respective executors, administrators, personal representatives,
heirs, successors and assigns. Except as otherwise expressly contemplated by this
agreement, nothing in this agreement shall confer on any person other than the parties
hereto and their respective executors, administrators, personal representatives, auccessors
and assigns any rights, remedies, obligations or liabilities under or by reason of this
agreement.
10. The parties shall execute such further documents and perform such further
acts as may be necessary to comply with the terms of this agreement and to effectuate the
purposes and intentions set forth herein.
11. Jim Dugan shall pay to the City of Cannel the amount of Three Thousand
Dollars ($3,000.00) as full and final settlement of the Lawsuit.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound
hereby have duly executed and delivered this agreement on the day and year indicated
below.
For the Plaintiffs:
Printed
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C. Haney,
City of Carmel
For the Defendants:
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