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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 ReleaseesN.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
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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
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who did take an oath.
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Signature of Notary Public CEL MY uy
LUT SA,
Printed Name of Notary Public