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4821
DESKINS - THOMAS EDWARD
Release & Hold Harmless
Legal
LEG 12-1
OS/20/2009
OS/20/2009
02/15/2011
01/01/2011
RELEASE AND HOLD HARMLESS AGREEMENT
For the consideration of twenty thousand dollars ($20,000.00), paid by lhe
City of Brel11crtol1, reccipt of which is acknowledged, Thomas Edward Deskins
(hereinatter "Releasor") releases and forever discharges the City of Brcmcl'ton,
Charles Batcs,~ Kent Maytield and all other Brcmerton employees, agents,
insurers, attorneys, and assigns, from all claims, cxpcnses, attorney's fees, causes
of action and suits of any kind or nature Releasor has or may later have on
account ot~ or in any way arising out of, or related to the faels alleged or that
could have been alleged resulting from the incident alleged by plaintiff in United
States District Court, Western District of Washington, Cause No. C08-5127 RBL,
and from any and all claims, past, present, and future, whether or not so alleged,
and \Nhether presently known or unknown, which may have arisen or may later
u!'ise 9.u~ ot: or ,be related to, that il~'id nt. 't.dN-Ir~ a.c1/1:1,'fht1, /,'(1.,/:1) i, '/r.; N ,
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o '. 12<1 ,rJt-i6~ ~-'t UC:k~. ~_
~ ~sor u.f(fci'stands and ..e~llIz~ {hit the ~re 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. Releasol' acknowledges that his information
regarding the claims made is sufficient to enter into this Release.
Execution of this release 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 of
liability on thc part of the parties 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 release, and that he has
the sole right and exclusive authority to execute this release and receive any sums
specitied in it The Releasor wan"ants that any liens or encumbrances placed on
his claim or any entity with a subrogation interest will be satisfied, or otherwise
resolved, ii'om the proceeds of this settlement. The Releasor shall detend,
indemnify and hold harmless the parties released should any other person claim to
have an interest in the claims and injuries described in this release.
This release shall be binding upon and inure to the benetit of the parties
hereto and their respective heirs, personal representatives, successors and assigns.
I n the event that one or more provisions of this release shall be determined to
be invalid by any court of competent jurisdiction or agency having jurisdiction
thereot: the remainder of the release shall remain in full t()J"ce and effect and the
invalid provisions shall be deemed deleted.
This release shall be construcd and interpreted pursuant to Washington law
and any controversy or interpretation hereof shed I be by state courts of W ushi ngton.
RELI::\SL' - I
The undersigned Releasor hereby declares that the terms of this rek,lsc
have been completely read and arc fully understood and voluntarily accepted.
The une!ersignt~d further declares that he has been given a full and I~lir opportunity
to consider this Release and Hold Harmless Agreement, and knows that this
Release and Hole! Harmless Agreement releases potentially unknowIl claims
lind/or claims about which he has limited knowledge.
~~
~4'fL~'Y~
Thomas Edward Deskins
5'-;;:0 '_Q9
Date
SUBSCRIBED AND SWORN to before me this...2c> ~day of May, 2009.
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