146-26 Settlement and Release.pdf

2 3. Release. In consideration the Settlement Amount, the Plaintiff hereby irrevocably releases and gives up any and all claims and rights whatsoever that it may have, known or unknown, in this LITIGATION, against the TOWNSHIP as well as toward any of the TOWNSHIP’s officers, employees, attorneys, insurance carriers, and related entities. This release includes, but is not limited to, all debts, obligations, promises, covenants, agreements, contracts, endorsements, bonds, controversies, suits, actions, causes of action, judgments, damages, expenses, claims or demands, in law or in equity, including any claim for attorney's fees and costs, that PLAINTIFF does not know or suspect to exist in any PLAINTIFF’s favor at the time of the execution of this Agreement, which, if known by it, might have affected PLAINTIFF’s decision to enter into this agreement, and includes any and all claims, rights, and causes of action, known or unknown, suspected or unsuspected, contingent or noncontingent, whether or not concealed or hidden. PLAINTIFF represents she has not filed or initiated any legal, equitable, administrative, or other proceeding against PLAINTIFF other than the LITIGATION. This release is intended to include the PLAINTIFF, her assignees, successors, and all related entities. 4. Dismissal and Filing. Upon PLAINTIFF’s receipt of the Settlement Amount, Counsel for the TOWNSHIP shall be authorized to file with the Superior Court of New Jersey, Law Division, Essex County, a stipulation of dismissal with prejudice and such other documents as are necessary to effectuate a dismissal of this LITIGATION with prejudice. A form of the Stipulations of Dismissal is attached at Exhibit A and shall be executed by PLAINTIFF’s counsel and held in escrow by the TOWNSHIP’s counsel until the settlement amount is paid. 5. No Admission of Liability. This Agreement is made in compromise of disputed claims. Nothing contained in this Agreement shall constitute an admission of any liability by any Party. 6. Severability. If any term or provision of this Agreement is determined to be invalid for any reason, such determination shall not affect the remaining terms and provisions of this Agreement. 7. Arm’s Length Negotiation. PLAINTIFF acknowledges that this Agreement has been negotiated at arm’s length and therefore agree that any rule of construction of contracts resolving any ambiguities

nt. 7. Arm’s Length Negotiation. PLAINTIFF acknowledges that this Agreement has been negotiated at arm’s length and therefore agree that any rule of construction of contracts resolving any ambiguities against the drafting party is waived and shall be inapplicable to the document. 8. Governing Law and Venue. This Agreement shall be governed by the laws of the State of New Jersey without regard to choice or conflicts of law principles. The exclusive jurisdiction and venue for any action arising out of this Agreement shall be the Superior Court of New Jersey, Essex County, Law Division. 9. Parties Bound. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors, administrators, agents, employees, subsidiaries, affiliates, and assigns.