SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement is made and entered into by and between YVONNE A. WOODY (Formerly YVONNE A. ZANDERS) and ROLAND WOODY, CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF R.Z., on the one hand, and the STATE FARM FIRE AND CASUALTY COMPANY, and ROBEL KINFE, on the other hand. I. DEFINITIONS 1. “Agreement” means this Settlement and Release Agreement including its Definitions, Recitals, Undertakings, Representations and Warranties, and Terms and Conditions. 2. “Plaintiffs” mean YVONNE A. WOODY, ROLAND WOODY, THE ESTATE OF R.Z., and all of their, agents, representatives, employees, attorneys, affiliates, predecessors, successors, heirs, and assigns. 3. “Defendant” means ROBEL KINFE, and …show more content…
II. RECITALS WHEREAS, in the Suit, Plaintiffs seek to recover certain claimed losses and damages alleged to have arisen out of the Plaintiffs’ occupation of a rental apartment unit owned by Defendant (hereinafter, “the Event”); WHEREAS, a dispute currently exists between the Parties as to liability, if any, and the amount of recovery, if any, to which the Plaintiffs are entitled in the Suit; WHEREAS, the Parties wish to resolve forever all Claims that have been made, or could have been made in the Suit without resort to further legal proceedings; WHEREAS, the Parties have concluded that this Agreement is a fair, reasonable and adequate resolution of all Claims that have been made, or could have been made in the Suit; and NOW THEREFORE, in consideration of the promises contained herein, intending to be legally bound hereby, the Parties agree as follows: III. UNDERTAKINGS 1. The STATE FARM FIRE AND CASSUALTY COMPANY hereby
The Court ruled in favor of the appellant, and the decision is described as follows:
To properly understand the events a chronological descripcion of the litigation is to be provided.
…in every compact between two or more parties, the obligation is mutual; that the failure of one of the contracting parties to perform a material part of the agreement, entirely releases the obligation of the other; and that where no arbiter is provided, each party is remitted to his own judgment to determine the fact of failure, with all its consequences.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
It was difficult to conclude to the above decisions; however, the Smith’s, Martin, and Miller all felt it was best to listen to each others reasoning’s while in the negotiation process. The termination contract was a success. Both parties looked for positives that benefit themselves and each other in every area; leading to a fair and equitable deal to be achieved. This termination contract will benefit both parties to provide a firm foundation for their future.
• If the settlement becomes questionable or if it becomes necessary to examine case documents to determine if a settlement has been achieved, an exception may apply.
event that the parties cannot reach an agreed settlement" (Cohen, C.E., & Cohen, M.E., 2002).
shown in the case of Branson v Bower (No.1) where the claimant tried to sue on the
agreed to what happened, and the dispute is about attaching a label to the defendants action, but as
THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:
Additionally, the Changes clause, in linking with the Disputes clause, offers an opening of reprieve if a dispute arises as to what is reasonable compensation.
I agree and understand that the representation will involve taking the following steps on my behalf:
The First Defendant is sued for his conduct as the Plaintiffs’ real estate agent in connection with an agreement for the sale of the Onehunga property from the Plaintiffs to Hugh’s Property Portfolio Limited, and the Herne Bay agreement.
In consideration of the mutual promises and conditions hereinafter contained, it is agreed between the Parties as follows:
The plaintiff has raised something that should be mentioned by the Defendant as a defence