ࡱ>    !"#$%Root EntryZ O2-c&CONTENTS FCompObjVSPELLING executed agreements, the Parties shall file a Stipulated Notice of Dismissal With Prejudice in the Circuit Court Case with each party to bear its own costs and attorney=s fees. NOW, THEREFORE, THE PARTIES AGREE: 1. Release: In consideration of the premises, including the payment of $______ by _____ to ______ (the payment shall come from the registry of the court as directed by stipulated order of the parties), in the absence of any of which this Release would not be executed and of the benefits and advantages anticipated by the undersigned from the compromise and settlement of the matters described in the above Recitals, the receipt and sufficiency of which are hereby acknowledged, the parties have acquitted, released, exonerated and discharged, and do hereby acquit, release, exonerate and discharge, each other and their representatives, attorneys, agents, successors and assigns, from any and all obligations, liability, responsibility or claim, whether at law or in equity, under the laws and rules of the State of Florida and of any other state of the United States or Alternative Dispute Resolution Association, and of the United States of America, and of any other nation, and of any regulatory body or agency, for, from, upon, under, or on account of or growing or arising out of the Released Matters, including all damages, losses, injuries, costs, charges, fees and expenses of every kind or nature and character, now existing or hereafter arising, known or unknown or hereafter becoming known, accrued or hereafter accruing, resulting directly or indirectly, proximately or remotely, from all or any of the Released Matters and do hereby acknowledge full and complete compromise and settlement, accord and satisfaction and payment thereof and therefor. 2. Entire AgrCHNKWKS FTEXTTEXT3FDPPFDPP6FDPPFDPP8FDPPFDPP:FDPCFDPC<FDPCFDPC>FDPCFDPC@STSHSTSHBSTSHSTSHB6SYIDSYIDTBSGP SGP hBINK INK lBBTEPPLC pB(BTECPLC B(FONTFONTBTOKNPLC fC4STRSPLC C:FRAMFRAMCDOP DOP pD MEDIATION SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release (AAgreement and Release@) is entered into this _______ day of _____________________, 20____, between _______ (A____@), ______________ (A______@) and ______ (A________@). (_____, _____, and _______ are sometimes referred to collectively as the AParties.@) Recitals A. A dispute has arisen between_____ and ____ regarding worked performed by _____ at the residence of _____ located at______, Florida (the AProperty@) in 20___. B. As a result of the foregoing dispute, a lawsuit was filed in the County Court of the First Judicial Circuit in and for _________ County, Florida styled_________; Case number ________ (the A_____ Court Case@). C. The Parties have agreed to settle and resolve all disputes between them according to the terms of this Agreement and Release. D. The matters settled pursuant to this Agreement and Release are all claims relating to or arising from the transactions between the Parties regarding the work performed on the Property, all claims relating to or arising from or asserted in the ______ Court Case, any and all claims arising from any relationship, contact or communication between the Parties prior to this date, any and all claims surrounding the boat purchase and personal property and any fraudulent inducement claims as to this Agreement and Release. The foregoing matters described in this paragraph are referred to hereinafter in this Release as the AReleased Matters.@ E. The undersigned represent and warrant that the claims and matters released by this Agreement and Release document have not been assigned and that the undersigned have full and exclusive authority to execute this Agreement and Release. F. Upon receipt of the settlement funds andeement: This document is intended to be a release of past, present and future claims as to the Released Matters. The hereinabove recited consideration is the full, complete and entire consideration for this Agreement and Release, and there is no agreement, oral or written, express or implied, whereby the undersigned are to receive at any time or in any event or upon the happening of any contingency or upon the development or discovery of any fact, circumstances or condition any further consideration of any kind whatsoever from any other Party hereto for or on account of the Released Matters. In consideration of the premises, ____ and _____ hereby agree that they will not hereafter file, institute, or cause to be filed in any court or forum, or with any agency, any suit, claim or action against _____ and her respective representatives, attorneys, agents, successors and assigns arising out of the Released Matters, and that as to any such suit, claim or action which nevertheless may be hereafter brought on account or in respect of the Released Matters, this Agreement and Release shall be a complete and conclusive defense. 3. Partial Invalidity: Should any paragraph, revision or clause in this Agreement and Release be found to be ineffective, invalid, unenforceable, the remainder of this Agreement and Release shall be valid and enforceable, and the Parties shall negotiate in good faith a substitute, valid and enforceable provision which most nearly effects the Parties= intent in entering into this Agreement and Release. 4. Non-waiver: No delay of failure by any Party to exercise any right under this Agreement and Release, and no partial or single exercise of that right, shall constitute a waiver of that or any right, unless otherwise expressly provided herein. 5. Confidentiality: The terms and conditions of this Agreement and Release shall remain confidential and shall not be disclosed by any party to this Agreement and Release and to any third party unless required by a subpoena issued by a court of competent jurisdiction. 6. The exclusive venue to enforce any part of this Agreement and Release shall be __________ County, Florida. The undersigned have read this Agreement and Release and have been advised by their respective attorneys, and understand the purport, tenor and effect of this Agreement and Release, which contains and sets forth the entire release agreement. The undersigned agree that there is no part of this release agreement which is not fully, completely, and accurately set forth herein. IN WITNESS WHEREOF, we have hereunto set our respective hands to this, and one duplicate original hereof, as well. Dated:_______________________ Plaintiff: Defendant: ________________________________ _____________________________ ________________________________ _____________________________ Attorney for Plaintiff: Attorney for Defendant: _________________________________ ______________________________ Mediator: _________________________________ John T. Brown -#- fter brought on achjJ\( " 2'( 4"5%N 2<'(2  7 p> `E PL( @S0 0Z14"5%x " 2`'(V    ( "0 )8 0@ 7H p>P `EX PL` @Sh 0Zi4"5%h 2`'(V    ( "0 )8 0@ 7H p>P `EX PL` @Sh 0ZiN 2F'(< X-X 0 7 p> `E( PL0 @S8 0Z9" d&*,..12233L333R4T444F5H5J5^5`555555$$$$$$$$$$$$$$$$$$$$h 2`'(V    ( "0 )8 0@ 7H p>P `EX PL` @Sh 0Zit " 2`'(V    ( "0 )8 0@ 7H p>P `EX PL` @Sh 0Zi4"5%555555555&&(2"'( X-X 0Z l2`'(V    ( "0 )8 0@ 7H p>P `EX PL` @Sh 0Zi4"j2`'(V    ( "0 )8 0@ 7H p>P `EX PL` @Sh 0ZifDP.. "$  08, "$  08t "$h (08@HPX`hpx2 "$  08, "$  08$Pb RTd &'))*0* ,(,122555555xxxxxJJxJ((&$  08"$ 08. "$  08, "$  08, "$  080 "$  085555555rLH&$  08, "$  086 """$  08, "$  08 \ʃ"\ʃ " *tt5568:P55<>@\ʃ4FvTimes New RomanShrutiWP TypographicSymbols WP Phonetic  """ "A  " " "F"d5 ""]"K"` "``""A."@"d5 " "]"K"` "``"." s, and one duplicate original hereof, as well. Dated:_______________________ Plaintiff: Defendant: ________________________________ _____________________________ ________________________ Z O2Quill96 Story Group Class9q