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<br /> kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with
<br />
<br /> compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or
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<br /> might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or
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<br /> Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in
<br /> the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtire
<br /> exemption under the FLSA.
<br /> K. By agreeing to [he terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement
<br /> Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to
<br /> CNDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this
<br /> Settlement Agreement but which may in the fumre be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based
<br /> upon any theory of recovery, whether at law or ¢t equity, and whether made by way of subrogation, contract, assignment, or otherwise.
<br /> L. Phis agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the setllement and executing
<br /> appropriate settlement releases.
<br /> M. This agreement is contingent upon fmal approval of this agreement by the Coun. In the event that the Cotut does not approve
<br /> this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter.
<br /> N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the
<br /> agreements contained herein and the consideration transferred aze [o compromise doubtful and disputed claims, avoid litigation, and
<br /> obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of
<br /> liability, all liability being expressly denied. _ ,
<br /> O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be
<br /> discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are
<br /> intended [o and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind
<br /> whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime
<br /> compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the
<br /> County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future
<br /> costly litigation.
<br /> P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements,
<br /> arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnhed in this
<br /> Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this
<br /> Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes is this
<br /> agreement may only be by means of a writing signed by all parties.
<br /> Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it [o be a
<br /> compromise and settlement and release of all claims, known or trnlmown, present or future, that Plaintiff has or may have against the
<br /> 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
<br /> overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and
<br /> legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any
<br /> representation
<br /> of any/kind or character not expressly set forth herein.
<br /> ~ / ~ 23 ~t 200
<br /> SI NATTIRE OF P AIN'T'IFF DA
<br /> SOCIAL SECURITY NUMBER:
<br /> PL 'S MAILING ADDRESS:
<br /> APPROVE D RE
<br /> ~ j~
<br /> ATTORNEY FOR PLA IFF TTORNEY FOR OU1
<br /> ~ 1004
<br /> SAP
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