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4. Dismissal of Lawsuit. The Parties agree that within 5 days after the
<br /> Settlement Payment is made,Plaintiff shall file a stipulation of voluntary dismissal of the
<br /> Lawsuit, and all claims asserted therein. The stipulation shall state the Lawsuit is
<br /> dismissed with prejudice and without an award of costs or fees.
<br /> 5. Releases.
<br /> A. Except with respect to the obligations and representations in this
<br /> Settlement Agreement, Plaintiff, for and on behalf of himself and his current and former
<br /> spouse, marital community, family members, heirs, subrogees, transferees, insurers, and
<br /> assignees (collectively, the "Releasing Parties"), forever releases, discharges, and acquits
<br /> Everett, the other Defendants, and their respective current and former entities,
<br /> departments, agencies, employees, personnel, representatives, agents, attorneys, insurers,
<br /> predecessors, successors, subrogees, transferees, and assigns (collectively, the "Released
<br /> Parties") from any and all claims, demands, damages, debts, liabilities, actions, amounts
<br /> owed, and causes of action of every kind and nature whatsoever, whether now known or
<br /> unknown, foreseen or unforeseen, which any of the Releasing Parties now has, ever had,
<br /> or shall or may hereafter have based upon or arising out of any matter, cause, fact,thing,
<br /> act, or omission whatsoever occurring or existing at any time up to and including the date
<br /> of this Settlement Agreement, including without limitation based upon, arising out of, or
<br /> related to the Claim Form, the Lawsuit, all allegations that were or could have been
<br /> asserted in the Claim Form or the Lawsuit, the matters at issue in the Claim Form or the
<br /> Lawsuit, or the Incident(collectively,the"Released Matters").
<br /> B. It is the intention of the Parties in executing this Settlement
<br /> Agreement and in receiving the consideration called for by this Settlement Agreement
<br /> that this Settlement Agreement shall be effective as a full and final accord and
<br /> satisfaction and general release of and from all of the Released Matters. Plaintiff agrees
<br /> that he will not commence, maintain, initiate, prosecute, cause, encourage, assist,
<br /> volunteer, advise, or cooperate with any other person to commence, maintain, initiate or
<br /> prosecute any action, suit, proceeding, or claim before any government agency, court,
<br /> legislative body, or committee against the Released Parties arising from, concerned with,
<br /> or otherwise relating to,in whole or in part, any of the Released Matters.
<br /> C. Plaintiff warrants and represents that he has full right, power, and
<br /> authority to release the Released Matters and to execute and be bound by this Settlement
<br /> Agreement, and that he has not heretofore voluntarily, by operation of law, or otherwise,
<br /> assigned or transferred or purported to assign or transfer to any other person or entity any
<br /> of the matters released in this Section 5 or any part or portion thereof.
<br /> D. Plaintiff agrees to satisfy and discharge all liens for hospital,
<br /> medical, chiropractic, Medicare, Medicaid, social services, or other health care provider
<br /> or governmental services rendered as a result of the injuries alleged in or related to the
<br /> Claim Form, the Lawsuit, or the Incident; and to satisfy and discharge all rights of
<br /> subrogation of any insurance carrier arising from payments made by such carrier for any
<br /> costs or expenses incidental to the injuries alleged in or related to the Claim Form, the
<br /> Lawsuit, or the Incident. Plaintiff further understands and agrees that, as additional
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