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HomeMy WebLinkAboutPatrick McAllister Release & Hold Harmless Agreement 2019RELEASE AND HOLD HARM ESS AGREEMENT FOR AND IN CONSIDERATION of the sum of One Million and oo/1oo Dollars i,000,000.00), receipt of which is hereby Acknowledged, PATRICK JOHN McALLISTER, and all of his heirs, beneficiaries, executors, administrators, successors and assigns, insurers, personal representatives, subrogees or trustees (hereinafter collectively referred to as "releasors"), do hereby release and forever discharge Jefferson County, Washington, and its current and former: agencies, appointed and elected officials, departments, agents, employees, representatives, assigns, insurers, current and former attorneys employed by or on behalf of Jefferson County, successors, and volunteers (hereinafter collectively referred to as "releasees"), from all claims, demands, damages, costs and attorney's fees, expenses, liens, actions or causes of action, whether as a result of damage to property, bodily injury or death growing out of or in any way related to the injuries and/or damages claimed to have been received as a result of the matters set forth in and described in the Claim for Damages submitted on or about June 20, 2019 to Jefferson County by Patrick John McAllister("the Claim"), including, but not limited to, all damages, lawsuits, injuries, costs and attorney's fees, and expenses resulting or to result from the Claim whether made, brought or could have been made or brought, whether known or unknown, and whether in past, present and future. IT IS UNDERSTOOD AND AGREED that this is a M and final release pertaining to the above-named releasees and is in full compromise and settlement of all claims of every nature and kind whatsoever, and releases all claims whether known or unknown, 1 suspected or unsuspected. IT IS UNDERSTOOD AND AGREED that the releasors and releasees have specifically contemplated the possibility that injuries and/or damages of an unknown type or extent may exist related to the Claim, and the releasors agree, for the consideration exchanged, to assume the risk of such unknown injuries and/or damages becoming evident in the future. The releasors and releasees expressly understand that the facts later may turn out to be other than or different from the facts now known or believed to be true. The releasors and releasees expressly assume the risk of such different facts and agree that all provisions of this Agreement shall remain in all respects effective and enforceable and not subject to termination or rescission because of any such different facts. The releasors and releasees expressly, knowingly, and voluntarily waive and relinquish any and all rights that they may have under any state or federal statute which protects a settling party from releasing claims which the settling party does not know or suspect to exist in the settling party's favor at the time of executing the release, which if known by them must have materially affected the settlement. The releasors and releasees understand and acknowledge the significance and consequences of this waiver and hereby assume the risk ofany changed circumstances or facts concerning this waiver. The releasors and releasees expressly acknowledge and agree that this waiver extends to any claims concerning the specific matters being released, whether or not the releasors and releasees knew or should have known about such claims or the possibility of such claims at the time of execution ofthis release. IT IS UNDERSTOOD AND AGREED that this settlement is a compromise of a disputed claim, and that the payment made is not to be construed as an admission of liability on the part ofthe party or parties hereby released, and that the said releasees deny liability therefor, and further that such shall not be a basis for claims for indemnity, contribution or breach of contract pursuant to any statute, common law or agreement IT IS UNDERSTOOD AND AGREED that the releasors and releasees shall bear their own attorney's fees and costs related to the Claim. THE UNDERSIGNED acknowledges that with respect to the advisability of signing this release, he has received independent legal advice from his own counsel, is relying on his own investigation of the facts pertaining to this release and the Claim as he deemed necessary, desirable, or appropriate and is relying on the advice of his own attorney. THE UNDERSIGNED hereby declares that the terms of this settlement are for the express purpose of precluding forever any further additional claims arising out of or in any way connected with the Claim. THIS RELEASE AND HOLD HARMLESS AGREEMENT contains the entire agreement between the parties hereto, and the terms of this Release are contractual and not a mere recital. I have read the foregoing Release and know the contents thereof, and sign the same as my free act and deed. DATED thisday of ,.. , 2019. READ BEFORE SIGNING BELOW r trick John WcAllister In consideration of the release tendering the settlement check and not naming as payee the persons who or entities which may have a lien or other claim to the settlement funds, the undersigned will defend, indemnify and hold releasees harmless against all liens or other such claims, including, but not limited to, liens provided for under RCW 6o.44 and RCW 74.o9, and from subrogation claims of any nature, including, but not limited to, those of the United States of America, including specifically any and all repayment obligations owed to Medicare, Medicaid or SCRIP, and the Washington Departments of Labor and Industries and Social and Health Services. In further consideration of the payments set forth in the Settlement Agreement, claimants waives their 42 U.S.C.1395y(b)(3)(A) causes of action, and releases and forever discharges releasees and releasees' insurer from any obligations for any claim, known or unknown, arising out of the failure of defendants and/or defendants' insurer to provide for a primary payment or appropriate reimbursement pursuant to 42 U.S.C. 1395Y(b)(3)(A). C Patrick John McAllister STATE OF WASHINGTON } COUNTY OF } ss. h f } On this day personally appeared before me Patrick John McAllister, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and offici 1 seal this ' day of r _, 2019. t NO PUBLIC in and fob the State f P„1E KNO, <<,, Washington, residing at: r`o s7N 4+y C My commission expires. 116246 i, fill 0-- d x 11'0h Op WAs \.``.