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Good evening. Simply putting something on the check won't prevent her from filing suit. Tell her you will be happy to pay the amount, but only if she signs the following (which you will need to complete to address your particular facts). Upon signing this Settlement and Release, then you will be protected.
RELEASE AND SETTLMENT
This Release and Settlement, is made and entered into this ______ day of ____________, _____, between ___________________ (hereinafter, “PARTY NO. 1”), and, _____________________ (hereinafter, “PARTY NO. 2”), and is intended to resolve with finality all present and future claims against PARTY NO. 2 by PARTY NO. 1, and all present and future claims against PARTY NO. 1 by PARTY NO. 2 concerning the matters set forth below.
WHEREAS, ___________________________________________ (“Transaction in Issue”_; and
WHEREAS, the parties wish to dispense with the uncertainty and expense of any future claims and/or litigation directly or indirectly related to the foregoing;
NOW THEREFORE, in exchange for the mutual covenants, promises, and consideration
set forth below, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. The above recitals are true.
2. PARTY NO. 2 expressly acknowledges and agrees that any current or future claim he has or may have against PARTY NO. 1 and/or any/every other party arising out of or in any manner whatsoever connected with the Transaction in Issue, is hereby permanently waived and abandoned. PARTY NO. 1 expressly acknowledges and agrees that any current or future claim he has or may have against PARTY NO. 2 and/or any/every other party arising out of or in any manner whatsoever connected with the Transaction in Issue, is hereby permanently waived and abandoned.
3. The parties hereby expressly stipulate that they have entered into this Release and Settlement freely and voluntarily and for the sole purpose of avoiding future expense and litigation.
4. The terms of this Release and Settlement shall remain confidential, and no party shall reveal the substance of same to any third parties without there being then in place a binding court order issued by a court of competent jurisdiction
5. This Release and Settlement constitutes the entire agreement between the parties and no other document, writing, or conversation may be used as evidence of any other terms or conditions.
6. This Release and Settlement may be executed in counterparts, all of which shall together constitute one agreement. Signatures in electronic or facsimile form shall be considered original signatures.
7. No changes to this Release and Settlement, whether material or not, shall be effective unless said changes are in writing, acknowledged and executed by all parties to this Release and Settlement
WHEREFORE the parties and/or their representatives have affixed their hands and seal on the dates indicated herein below.
PARTY NO. 1 PARTY NO. 2
Dated: _______________________ Dated: _______________________
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