COM 0046.000 2004-2006 - Laserfiche WebLink

Home

compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might stave, ]mown or unlmown, now existing, that eidter were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Stam[es. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, 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 Agreement and accepting the payment of monies pttrsttan[ [o [his Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY 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, contract. assigmuent, or otherwise. L. This agreement is contingent upon 95"/" of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideratica given shall be construed a, an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages That aze presently ttnknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums ro be paid in consideration of the Settlement Agreement aze intended to and shall release and dischazge 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 failttre or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the Cotmty deities 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 parties. It supersedes any and all prior agreements, arrangements, or tmdetstandings between the parties on all subjects in any way related to the transaction or occttrrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement 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 Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or futttre, that Plaintiff has or may have against the person and entities released, arising out of or relating [o any past failure or refusal on the part of the County to properly calculate and pay overtime competsation to Plaintiff for all overtime hours worked. The undersigned Plaintiff watrants that Plaintiff is of legal age and legally competent to execute this agreement 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. ,zti ''.~tilJ'I2~ ~ l ~ l ~-0~ SIGNA OF LAINTIFF DATL- SOCIAL SECURITY NUMBER: PLAINT 'S MAILING ADDRESS: APP O G D: A ORNEY INTIFF -