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4681
STOCKMOE, ARDIE
Release, Settlement & Hold Harmless
Legal
LEG 12-1
02/21/2007
02/21/2007
02/15/2009
01/01/2009
r
RECEIVED
DEe 2 1 2007
RELEASE, SETTLEMENT AND HOLD HARMLESS AGREEMENT rt
(.;ITV of Brame on
For the consideration of sixty-five thousand dollars ($65,000.00), pai&ifV A\ttOrnw~Pfflce
Bremerton, receipt of which is acknowledged, Ardie Stockmoe (hereinafter "Releasor") releases
and forever discharges the City of Bremerton, and its employees, agents, insurers, attorneys, and
assigns, and all other entities and persons, from all claims, expenses, attorney's fees, causes of
action and suits of any kind or nature Releasor has or may later have on account of, or in any
way arising out of, or related to the facts alleged or that could have been alleged resulting from
the incident, accident, casualty or events alleged by plaintiff in Kitsap County Superior Court,
Cause No. 06-2-00577-7, and from any and all claims, past, present, and future, whether or not
so alleged, and whether presently known or unknown, which may have arisen or may later arise
out of, or be related to those events.
Releasor understands and recognizes that the future course of present damages
cannot be predicted with certainty. Releasor assumes the risk that the claimed damages
may worsen in the future and/or that new damages that are not known may develop.
Releasor acknowledges that her information regarding the claims made is sufficient to
enter into this Agreement.
Execution of this Agreement is not to be construed as an admission of liability or
responsibility on the part of any party hereto. The parties released expressly deny liability for
such claims. Regardless of the adequacy of the above consideration, the acceptance of this
release shall not operate as an admission ofliability on the part of the persons released.
The Releasor warrants that no other person or entity has or has had any interest in the
claim or causes of action referred to in this Agreement, and that she has the sole right and
exclusive authority to execute this Agreement and receive any sums specified in it. The Releasor
warrants that any liens or encumbrances placed on her claim or any entity with a subrogation
interest will be satisfied, or otherwise resolved, from the proceeds of this settlement. The
Releasor shall defend, indemnify and hold harmless the parties released should any other person
claim to have an interest in the claims and injuries described in this Agreement.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, personal representatives, successors and assigns.
This Agreement represents the entire agreement between the parties with respect to the
subject matter hereof. All prior negotiations, agreements, representations, warranties or other
matters of like or any other nature shall be of no further force or effect and are superseded by this
Agreement.
In the event that one or more provisions of this Agreement shall be detennined to be invalid
by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the
Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted.
This Agreement shall be construed and interpreted pursuant to Washington law and any
controversy or interpretation hereof shall be by state courts of Washington. The captions
throughout this Agreement are for convenience and reference only and shall not be held to expand,
modify, amplify or aid in the interpretation, construction or meaning of this Agreement.
SETTl.EMENT AGREEMENT - I
If-
The undersigned Releasor hereby declares that the terms of this Agreement have been
completely read and are fully understood and voluntarily accepted. The undersigned further
declares that she has been given a full and fair opportunity to consider this Agreement, and
knows that this Agreement releases potentially unknown claims and/or claims about which she
has limited knowledge.
;!t4 ~ /~
Ardie Stockmoe
!) - /21 - ~cXJ---
Date
SUBSCRI~ED AND SWORN to before me this L.f!::day of Decernber, 2007.
~~~
TARY PUBLIC Ii the
State ofWas~on
Residing at: t, ~ tJ A- .
My Commission Expires: f'-).tf-/o
Name: L-t.<- ~ltt; /?~/~
SETTLEMENT AGREEMENT - 2