MELENDEZ, EDWIN - Laserfiche WebLink

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MA1'/08/2'13 WED 02:20 PM FAX No. F. Oct (b) At the time Plaintiff delivers to counsel for the Defendant a fully signed original of this Agreement, and an executed Request for Dismissal form (the "RFD"), the Defendant will deliver to Plaintiffs counsel, a check in the amount of THIRTEEN THOUSAND DOLLARS AND ZERO CENTS ($13,000.00) in full and complete settlement of all claims made against OFFICER RAM1RO VERGARA in this litigation. The check is to be made out to "LAW OFFICES OF MICHAEL A. LOTTA AND EDWIN H. MELENDEZ." This amount is in full and complete settlement for Plaintiff s claims for all damages alleged in the above-referenced Complaint, (c) Plaintiff EDWIN 14. MELENDEZ agrees that the foregoing dismissal constitutes fall and complete settlement of all claims made in this litigation. Plaintiff will not seek any further compensation for any other claimed damage, costs, or attorney's fees in connection with the matters encompassed in this Agreement. (d) Plaintiff acknowledges and agrees that the Defendant has made no representations to him regarding the tax consequences of any amounts received by him pursuant to this Agreement. Plaintiff agrees that he and he alone is liable for all taxes, if any, which are owed by her on any amount received hereunder including interest and penalties. Plaintiff will hold the Defendant harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on amounts owed by him. THIRD: Plaintiff represents that, with the exception of Case No. 30-2012- 00554467 he has not fled any complaints, claims, or actions against Defendant with any state, federal, or local agency or court and that he will not do so at any time hereafter as it relates to this action and that if any agency or court assumes jurisdiction of any complaint, claim, or action against the Defendant on Plaintiffs behalf, Plaintiff will direct that agency or court to withdraw and dismiss with prejudice the matter. FOURTH: Plaintiff represents and warrants that no portion of any claim, right, demand, action or cause of action that he has or might have against Defendant or any portion of any recovery or settlement to which he may be entitled from Defendant, has been assigned or transferred to any person, entity or corporation in any manner, including by way of subrogation, transfer or operation of law. lu the event that any claim, demand, suit or lien has or should have been made were instituted against the Defendant because of any such purported assignment, subrogation, transfer or lien, Plaintiff agrees to indemnify and hold harmless the Defendant against any such claim, suit, demand, and to pay and satisfy any such claim, suit, demand or lien, including expenses of investigation, attorney's fees and costs.