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General Release

Rodeway Inn rape settlement

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Chris Gothner
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0% found this document useful (0 votes)
29K views

General Release

Rodeway Inn rape settlement

Uploaded by

Chris Gothner
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NN. and M.A. v. Supra Security, Inc, Case No.: 2021-018072-CA-| Page | of 5 GENERAL RELEASE KNOW ALL MEN BY THESE PRESENTS, that “I” EBB Releasor, for and in consideration of the sum of FOUR MILLION NINE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($4,900,000.00) and] Releasor, for and in consideration of the sum of ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($100,000.00), received from Conifer Insurance Company and Peleus Insurance Company, on behalf of SUPRA SECURITY, INC. Releasees, the receipt whereof is hereby acknowledged, (Wherever used, the term “Releasor” and "“Releasees” shall include those parties specifically named in this release and all other entities and persons, natural or corporate. The term “Releasor” and “Releases” shall also include singular and plural, heirs, legal representatives, assigns of individuals, employees, agents, servants, officers and directors, stockholders, attomeys, representatives, employers, successor subsidiaries, affiliates, partners, predecessors or successors in interest, assigns of corporations, whenever the context so admits or requires.) HEREBY remise, release, acquit, satisfy, and forever discharge the Releasees, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which Releasor ever had, now has, or hereafter can, shall or may have, against Releasees, for, upon or by reason of any matter, cause or thing whatsoever, whether direct or vicarious, from the beginning of the world to the day this document is signed, including but not limited to any and all claims made in the case of N.N. and M.A. v. Supra Security, Ine., Circuit Court Case of the '* Judicial Circuit, in and for Miami-Dade County, Flori No.: 2021-018072-CA-1 (hereinafter “This , Case itigation”) Releasor hereby agrees to satisfy all existing and future liens arising out of the subject matter of the above-mentioned case. Releasor has had the benefit of personal counsel and fully understands the terms of this General Release and is making full and final settlement of all claims of every nature and character that Releasor has against Releasees N.N. and M.A. v. Supra Security, Ine. Case No. 2021-018072-CA-1 Page 2 of 5 This Release shall be a full, final, complete and binding settlement between the Releasor and Releasees, theit respective heirs, assigns and successors. Further, it is understood that this Release shall include a release of active and vicarious liability and shall include a release of any person or entity who would be vicariously responsible for the acts of Releases, including but not limited to, any lessors, assigns, corporations, or entity operating as a fictitious name, Its further understood and agreed that this settlement is the compromise of disputed claims and that the payment made is not to be construed as an admission of jability on the part of Releasees, who expressly deny any liability for this action. Releasor hereby acknowledges and agrees that Releasor further expressly waives and assumes the risk of any and all claims for damages against Releasees which exist as of this date but of which the Releasor does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect Releasor’s decision to enter into this Release, Releasor understands that this claim is being settled as a business decision only and that payment of the sums specified herein are being made as a complete compromise of matters involving disputed issues of law and fact and the Releasor thereby assumes the risk that the facts or law may be otherwise than Releasor believes. It is further understood and agreed that no promise or agreement not expressed within the written terms of this document has been made to Releasor as an inducement to enter into this agreement and that this Release contains the entire agreement between the parties to it and that the terms of this Release are contractual and not a mere recital, AGREEME! Releasor agrees as follows: §1.0 Release §1.1 _Inconsideration for the payment set forth above, Releasor hereby completely releases and forever discharges Releasees and their insurers from any and all past, present or future claims, demands, obligations, actions, causes of action, wrongful death claims, rights, damages, costs, losses: of services, expenses and compensation of any nature whatsoever, whether based on tort, contract or other theory of recovery, which the Releasor now has, or which may hereafter accrue or otherwise be acquired, on account of, or may in any way grow out of, or which are the subject of, This Litigation and its pleadings, including, without limitation, any and all known or unknown claims for bodily, NN. and M.A. v. Supra Security, Inc. Case No.: 2021-018072-CA-1 Page 3 of 5 personal injuries, and/or death, or any future claim of Releasor’s representatives or heirs, which has ions of the Releasees. resulted or may result from the alleged acts or omi §2.0 Payments All sums set forth above constitute damages on account of personal injuries, sickness, and/or death within the meaning of Section 104(a) (2) of the Internal Revenue Code of 1986, as amended. $3.0 Delivery of Dismissal with Prejudice ‘After receiving the settlement funds in this Litigation, in addition to executing this Release as described above, Releasor will deliver to Releasees one executed copy of a Joint Stipulation of Dismissal with Prejudice, drafted by counsel for Releasees. Further, Releasor hereby authorizes Releasees, upon receipt of the executed settlement documents described herein to forward the Joint Stipulation of Dismissal with Prejudice and a corresponding Final Order of Dismissal with Prejudice to the Court, for execution. §4.0 Representation of Comprehension of Document In entering into this Release, Releasor represents that Releasor has relied solely upon the advice of his/her counsel, who is the counsel of his/her own choice, conceming the legal and income tax consequences of this Release; that the terms of this Release have been completely read and explained to Releasor by that counsel; and that the terms of this Release are fully understood and voluntarily accepted by Releasor. $5.0 Liens Releasor further hereby covenants to satisfy any outstanding subrogated interests or liens, including Medicare Liens, applicable to This Litigation, this settlement and/or this Release $6.0 Warranty of Capacity to Execute Agreement Releasor represents and warrants that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action referred to in this Release, except as otherwise set forth herein; that Releasor has the sole ight and exclusive authority to execute this Release and receive the sums specified in it; and that Releasor has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Release. §7.0 Governing Law ‘This Release shall be construed in accordance with the laws of the State of Florida, N.N. and M.A. v. Supra Security, Inc. Case No; 2021-018072-CA-1 Page 4 of 5 §8.0 Additional Documents Releasor agrees to cooperate fully and execute any and all supplementary documents as outlined thin this Release and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Release §9.0 Entire Agreement and Successors in Interest This Release contains all of the terms of the settlement of This Litigation, as understood by Releasor, and shall be binding upon and inure to the benefit ofthe executors, administrators, personal representatives, heirs, successors and assigns of Releasor. §10.0 Effectiveness This Release shall become effective immediately following execution by Releasor. §11.0 Reservation of Other Claims and First Party Rights Releasor reserves her/his right to pursue and recover future damages, medical expenses, health care and related expenses, from any person, firm, or organization who may be responsible for payment of such damages and/or expenses, including but not limited to any first party health insurance coverage, but such reservation does not include the Releasees who are given a full and final release of all claims, including all past, present, or future claims for subrogation and/or contribution arising out of the above-referenced accident. [REMAINDER OF PAGE INTE! TIONALLY LEFT BLANK] N.N. and M.A. v. Supra Security, Inc. Case No.: 2021-018072-CA-1 Page 5 of 5 END OF THE RECITAL a 24ae IN WITNESS WHEREOF, | hereunto set my/our hands and seals on this 3" day of oa Signed, sealed and delivered in the presence of 2022. WITNESS: WITNESS STATE OF _ ) COUNTY or Atami. ado The foregoing instrument was acknowledged before me See day of wn tome orwho has/have produced (typeof ID) and )ss who did take an oath. pte S baton) tiny, Signature of Notary Public CEL MY uy LUT SA, Printed Name of Notary Public

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