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, ]mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costa, now or in the fultrre, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreemmt and accepting the paymmt of monies pursuant to this Settlemmt Agreemm; Plaintiff'agrees to and does hereby SAVE and HOLD HARMLESS the persons and mtties released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, conttac; assignment or otherwise. L. This agreemmt is contingmt upon 95% of the Plaintiffs in the Litigation consenting to the settlemmt and executing appropriate settlemmt releases. M. This agreemmt is contingent upon fmal approval of this agreement by the Court. >n the evmt that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreemmt are contractual and not merely recitals and that the agreemmts contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no paymmu made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presmtly unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlemmt Agreemmt 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 compmsation to Plaintiff for all overtime hours worked as described in this Agreemmt. It if further understood and agreed that the County dmies any and all liability and that this Settlemmt Agreemm; is not an admission of liability, but an agreemmt to avoid future costly litigation. P. This Settlemmt Agreemmt contains the mtire agreemmt betwem the parties. It supersedes any and all prior agreemmts, arrangemmts, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Senlemmt Agreemmt. No oral understandings, statemmts, promises, or inducemmts contrary to or consistmt with the terms of this Settlement Agreemmt exist. This Settlemmt Agrecmmt is not 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 warrants that Plaintiff has read this Settlemmt Agreemmt and fully understands it to be a compromise and settlemmt and release of all claims, known or unlmown, presmt or future, that Plaintiff has or may have against the person and mtities released, arising out of or relating to any past failure or refusal on the paR 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 agreemmt and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. - 2~'~v SIGNATURE OF F' DATF, SOCIAL SECURI'T'Y NUMBER: PLAINTIFF'S MAILING ADDRESS: AP RO D G D: ATTORNEY FOR PLAIIJI'IFF RNEY FOR , ` OCR 0 i 1pp4