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10. Further Documents/Acts. Each and every Party to this Agreement agrees to execute
<br /> any further documents and accomplish such acts as may be necessary in order to give effect to any of
<br /> the intentions expressed in this Agreement.
<br /> 11. Promises Not to Prosecute/Warranty of No Pending Claims. Plaintiff warrants
<br /> and represents that, other than the Action, Plaintiff has not contacted any governmental agency for
<br /> the purpose of initiating a claim against Defendants or reporting potential legal violations by
<br /> Defendants. Plaintiff promises not to contact any governmental agency for the purpose of malting a
<br /> claim against Defendants or reporting alleged violations of law by Defendant. Plaintiff represents
<br /> and warrants that all other Claims have settled, adjudicated, or resolved and will promptly be
<br /> dismissed with prejudice.
<br /> 12, Mon-Disparagement of Defendants. Plaintiff agrees that Plaintiff will not
<br /> intentionally defame, disparage, or cause disparagement to Defendants at any time following the
<br /> execution of this Agreement. This restriction applies to any statements, oral, written, or otherwise,
<br /> made to any third party, including but not limited to parents, students, vendors, contractors, public
<br /> agencies, or members of the community. Specifically, Plaintiff agrees not to engage in any act or
<br /> say, publish or disseminate anything (either directly or by or through another person) that is
<br /> intended, or may reasonably be expected, to harm Defendant's reputation, operations or any of its
<br /> future predecessors, successors or current and future parents, affiliates, subsidiaries, divisions, or
<br /> partners (whether general or limited), its students, its employees, officers, directors, administrators,
<br /> board members, community members, or governmental agencies. Plaintiff agrees that this
<br /> restriction is reasonable and is part of the consideration exchanged herein and was a material reason
<br /> for Defendant to settle.
<br /> 13. Enforcement of Non-Disparagement. The Parties agree that the breach or
<br /> threatened breach of Paragraph 12 of this Agreement shall cause the non-breaching Party to suffer
<br /> irreparable harm. In addition to all other remedies that the non-breaching Party may have at law or
<br /> in equity for breach of this Agreement, the non-breaching Party shall have the right to injunctive
<br /> relief. The provisions in this Paragraph shall apply only to breaches or threatened breaches of
<br /> Paragraphs 12 of this Agreement and shall not apply to any other paragraphs of this Agreement.
<br /> 14. No Representations Regarding the Taxability of Settlement Payments. Defendant
<br /> makes no representations regarding the taxability or legal effect of the Settlement Payments,
<br /> described in Paragraph 1, above, and Plaintiff is not relying on any statement or representation of
<br /> Defendant in this regard. Plaintiff will be solely responsible for the payment of any taxes and
<br /> penalties assessed on the Settlement Payments, and will defend, indemnify, and hold Defendant free
<br /> and harmless from and against any claims relating to the taxability, if any, of the Settlement
<br /> Payments.
<br /> 15. Medicaid Liens. Plaintiff and Plaintiff's Counsel represent and warrant that no
<br /> Medicaid payments have been made to or on behalf of Plaintiff and that no liens, claims, demands,
<br /> subrogated interests,or causes of action of any nature or character exist or have been asserted arising
<br /> from or related to Defendant or its parent corporations, affiliated and subsidiary corporations, its
<br /> predecessors, successors and assigns, and its officers, directors, agents, attorneys, employees,
<br /> insurers and heirs (collectively herein referred to as "Released Parties"). Plaintiff and Plaintiff's
<br /> Counsel further agree that Plaintiff, and not Released Parties, shall be responsible for satisfying all
<br /> such liens, claims, demands, subrogated interests, or causes of action that may exist or have been
<br /> asserted or that may in the future exist or be asserted with respect to the Released Claims.
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