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To avoid the delay,uncertainty, inconvenience, and expense of protracted litigation of the. <br /> above claims, and in consideration of the mutual promises and obligations of this Settlement <br /> Agreement,the Parties agree and covenant as follows: <br /> TERMS AND CONDITIONS <br /> 1. Everett shall pay to the United States One Hundred Twenty Seven Thousand <br /> Eight Hundred Forty Eight Dollars and Fifty-Three cents ($127,848.53)("Settlement Amount") <br /> by electronic funds transfer within 30 days after receipt of wire instructions from the United <br /> States Attorney's Office for the Western District of Washington. <br /> 2. Subject to the exceptions in Paragraph 3 (concerning excluded claims)below, and <br /> conditioned upon Everett's full payment of the Settlement Amount,the United States releases <br /> EFD and Everett from any civil or administrative monetary claim the United States has for the <br /> Covered Conduct under the False Claims Act, 31 U.S.C. §§ 3729-3733;the Civil Monetary <br /> Penalties Law, 42 U.S.C. § 1320a-7a;the Program Fraud Civil Remedies Act, 31 U.S.C. §§ <br /> 3801-3812; or the common law theories of payment by mistake, unjust enrichment, and fraud. <br /> 3. Notwithstanding the release given in Paragraph 2 of this Agreement,or any other <br /> term of this Agreement,the following claims of the United States are specifically reserved and <br /> are not released: <br /> a. Any liability arising under Title 26, U.S. Code (Internal Revenue Code); <br /> b. Any criminal liability; <br /> c. Except as explicitly stated in this Agreement, any administrative liability, <br /> including mandatory or permissive exclusion from Federal health care <br /> programs; <br /> d. Any liability to the United States(or its agencies)for any conduct other <br /> than the Covered Conduct; <br /> 2 <br />