DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SETTLEMENT AGREEMENT AND RELEASE
NAACP of Silicon Valley/San Jose, et al. v. City of San Jose, et al. Case No. 4:21-cv- 01705
2048364
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Initials (Joseph
Maldonado)
Initials (Mahmoudreza
Naemeh)
Initials (Megan Swift)
Initials (Joseph Cañas) Initials (Leslie Vazquez) Initials (Peter Allen) Initials (Shaunn
Cartwright)
Initials (Yessica Riles) Initials (José Gustavo
Flores Rodriguez)
Initials (Cindy Cuellar) Initials
as authorized agent of
NAACP of San José /
Silicon Valley)
Initials
as authorized agent of
San José Peace and
Justice Center)
Plaintiffs each represent that he, she, or it has read, reviewed with counsel, and understood Civil Code Section 1542, and that he, she, or it hereby waives all present and future rights and benefits under Section 1542 to the extent it would permit claims relating to, arising out of, or any way connected to the subject of the Action based on facts found to be different from the facts believed to be true at the time this Settlement Agreement was executed.
6. Liability Not Admitted. The Parties acknowledge and agree that CITY’s payment represents a compromise and release of disputed claims and that neither the payment, nor anything stated in this Agreement, constitutes or represents an admission of wrongful conduct, liability, or responsibility of any kind, or a concession, by any person that any allegation or claims asserted in the Action is valid.
7. Parties to Bear Own Attorney’s Fees and Costs. The Parties shall bear their own costs, including attorneys’ fees, and any other fees incurred in connection with the Action, this Settlement Agreement, and the matters settled pursuant to this Settlement Agreement.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
S
ETTLEMENT AGREEMENT AND RELEASE 2048364
NAACP of Silicon Valley/San Jose, et al. v. City of San Jose, et al. Case No. 4:21-cv- 01705
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
__________________
Initials (Joseph
Maldonado)
_____
_____________
Initials (Mahmoudreza
Naemeh)
__________________
Initials (Megan Swift)
__________________
Initials (Joseph Cañas)
__________________
I
nitials (Leslie Vasquez)
__________________
Initials (Peter Allen)
__________________
Initials (Shaunn
Cartwright)
__________________
I
nitials (Yessica Riles)
__________________
Initials (José Gustavo
Flores Rodriguez)
__________________
Initials (Cindy Cuellar)
__________________
Initials ____________
as authorized agent of
NAACP of San José /
Silicon Valley)
__________________
Initials ____________
as authorized agent of
San José Peace and
Justice Center)
P
laintiffs each represent that he, she, or it has read, reviewed with counsel, and understood Civil Code Section 1542, and that he, she, or it hereby waives all present and future rights and benefits under Section 1542 to the extent it would permit claims relating to, arising out of, or any way connected to the subject of the Action based on facts found to be different from the facts believed to be true at the time this Settlement Agreement was executed.
6. Liability Not Admitted. The Parties acknowledge and agree that CITY’s payment represents a compromise and release of disputed claims and that neither the payment, nor anything stated in this Agreement, constitutes or represents an admission of wrongful conduct, liability, or responsibility of any kind, or a concession, by any person that any allegation or claims asserted in the Action is valid.
7. Parties to Bear Own Attorney’s Fees and Costs. The Parties shall bear their own costs, including attorneys’ fees, and any other fees incurred in connection with the Action, this Settlement Agreement, and the matters settled pursuant to this Settlement Agreement.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
S
ETTLEMENT AGREEMENT AND RELEASE 2048364
NAACP of Silicon Valley/San Jose, et al. v. City of San Jose, et al. Case No. 4:21-cv- 01705
8. Consultation with Counsel. The Parties and each of them acknowledge they have carefully read and understand the terms of this Settlement Agreement and have consulted with legal counsel of their choice prior to execution and delivery of this Agreement. The Parties have voluntarily accepted the terms stated herein for the express purpose of making a full and final compromise and settlement of the Action.
9. San Jose City Council Approval. This Agreement requires San Jose City Council approval in open session before it can be executed on behalf of CITY.
10. Representations. Each person executing this Settlement Agreement hereby warrants that he or she has full authority to do so. Plaintiffs further represent and warrant that each of them is the sole and rightful owner of the claims asserted in the Action; that he, she, or it has not assigned any claim or claims, or the right to receive payments that are the subject of this Agreement; and that no liens on the settlement proceeds have been asserted or exist.
11. Responsibility for Liens. Plaintiffs each agree to hold CITY harmless with regard to third-party claims or liens arising from each of their medical treatment, insurance subrogation claims, and creditors of any kind claiming a right to receive payment from the settlement amount.
12. Severability. If any provision in this Agreement is found to be unenforceable, it shall not affect the enforceability of the remaining provisions and the court shall enforce the remaining provisions to the extent permitted by law.
13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and shall be deemed duly executed upon the signing of the counterparts by the Parties hereto.
14. Binding Force and Effect. This Agreement shall be governed by California law. It shall bind and inure to the benefit of all Parties and their respective heirs, executors, administrators, trustors, trustees, beneficiaries, predecessors, successors, assigns, partners, partnerships, affiliated entities, agents, and representatives.
15. Entire Agreement. This document is a fully integrated contract. It contains all agreements, covenants, understandings, representations, and warranties between the Parties concerning the subject matter of the Agreement.
The Parties have made no other express or implied agreements, covenants, understandings, representations, or warranties concerning the subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, understandings, representations, covenants, DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SETTLEMENT AGREEMENT AND RELEASE
NAACP of Silicon Valley/San Jose, et al. v. City of San Jose, et al. Case No. 4:21-cv- 01705
2048364
and warranties concerning the subject matter of this Agreement, other than those referred to herein, are merged herein. This Agreement cannot be modified or amended by the exchange of electronic communications or any means other than a fully integrated writing signed by all Parties.
IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement effective as of the date last set forth below.
Dated: , 2023
JOSEPH MALDONADO
Plaintiff
Dated: , 2023
MAHMOUDREZA NAEMEH
Plaintiff
Dated: , 2023
MEGAN SWIFT
Plaintiff
Dated: , 2023
JOSEPH CAÑAS
Plaintiff
Dated: , 2023
LESLIE VAZQUEZ
Plaintiff
Dated: , 2023
PETER ALLEN
Plaintiff
Dated: , 2023
SHAUNN CARTWRIGHT
Plaintiff
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
S
ETTLEMENT AGREEMENT AND RELEASE 2048364
NAACP of Silicon Valley/San Jose, et al. v. City of San Jose, et al. Case No. 4:21-cv- 01705
and warranties concerning the subject matter of this Agreement, other than those referred to herein, are merged herein. This Agreement cannot be modified or amended by the exchange of electronic communications or any means other than a fully integrated writing signed by all Parties.
IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement effective as of the date last set forth below.
Dated: _______________, 2023 ________________________________
JOSEPH MALDONADO
Plaintiff
Dated: _______________, 2023 ________________________________
MAHMOUDREZA NAEMEH
Plaintiff
Dated: _______________, 2023 ________________________________
MEGAN SWIFT
Plaintiff
Dated: _______________, 2023 ________________________________ JOSEPH CAÑAS
Plaintiff
Dated: _______________, 2023 ________________________________
LESLIE VASQUEZ
Plaintiff
Dated: _______________, 2023 ________________________________
PETER ALLEN
Plaintiff
Dated: _______________, 2023 ________________________________
SHAUNN CARTWRIGHT
Plaintiff
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.