|
Order") before the Court enters the stipulated order of dismissal with prejudice, then the parties
<br />will jointly request that the Summary Judgment Order be vacated.
<br />5. Plaintiffs' Release. Except for the rights and obligations in this Agreement,
<br />Plaintiffs release the City, the Everett Police Department and all unnamed Defendants and their
<br />representatives, employees, and agents, of all causes of action, claims, rights, demands,
<br />liabilities, obligations, duties, damages, fines, penalties, costs, expenses, and attorneys' fees, of
<br />any kind or nature whatsoever, known or unknown, asserted or unasserted, pertaining to or
<br />relating to the Lawsuit or its subject matter, including, but not limited to, claims under the
<br />Washington Law Against Discrimination, claims under the state or U.S. Constitution, claims
<br />under state or federal statutes, and tort claims including negligence, negligent hiring and
<br />negligent supervision.
<br />6. Plaintiffs' Claims Against Jared Corson. Plaintiffs stipulate that any remaining
<br />claims against Mr. Corson they chose to pursue will be against him as an individual in his
<br />personal capacity, and not based in his official capacity or in his capacity as an employee of the
<br />City and the Everett Police Department. Plaintiffs will indemnify and hold harmless, the City and
<br />the Everett Police Department from all causes of action, claims, rights, demands, liabilities,
<br />o bligations, duties, damages, fines, penalties, costs, expenses, and attorneys' fees, of any kind or
<br />n ature whatsoever, that defendant Jared Corson may seek from the City or the Everett Police
<br />Department because of, caused by, or as a result of, Plaintiffs' pursuit of their claims or default
<br />judgment against Mr. Corson. Additionally, if Plaintiffs' pursuit of their claims or default
<br />judgment against Mr. Corson legally requires the City to 'ndemnify or reimburse Mr. Corson,
<br />Plaintiffs will waive any such claims against Mr. Corson and voluntarily dismiss such claims
<br />with prejudice and without any award of attorneys' fees or costs. Plaintiffs agiee not to disparage
<br />the City or the Everett Police Department in the course of pursuing claims against Mr. Corson.
<br />7. Good Faith and Fair Dealing. The parties agree to work together in a spirit of
<br />good faith and fair dealing to resolve any disagreements that may arise concerning this
<br />Agreement. The parties will cooperate fully, timely execute all supplementary documents, and
<br />timely take all additional actions necessary or appropriate to give full force and effect to the
<br />terms and intent of this Agreement.
<br />8. Parties Bound. This Agreement shall be binding upon, and shall inure to the
<br />benefit of, the successors, assigns, and legal representatives of each party, and all persons
<br />claiming by, through, or under any such persons.
<br />9. No Waiver. Any failure by any party to enforce any of the provisions of this
<br />Agreement or to require at any time performance by another party of any of the provisions hereof
<br />during the pendency of this Agreement shall in no way affect the validity of this Agreement or
<br />any part hereof and shall not be deemed a waiver of the rights of any party hereinafter to enforce
<br />any and each such provision.
<br />10. Opportunity to Confer with Counsel. The parties represent that they have had
<br />an opportunity, if desired, to consult with counsel concerning their respective rights and
<br />o bligations under this Agreement.
<br />Settlement Agreement Page 2 of 3
<br />
|