COM 0046.000 2004-2006 - Laserfiche WebLink

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kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the Cotmty has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of [his Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be refened to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the [emus of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resoiu[ioq and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the stuns to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked as descnTxd in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the ttausaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary m or consistent with the temrs of this Settlement Agreement exist. This Settlement Agreement is no[ subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff wanants [ha[ Plaintiff has read this Settlement Agreement and fully understands i[ to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of~ny d or character no[ expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER- PLAIN"I"IFF'S MAILING ADDRESS: APP OVE A ED: ATTORNEY F LAINTIFF A ORNEY R CO oc~ 1 s 1ooy