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HomeMy Public PortalAboutGeneral Release.tifGENERAL RELEASE KNOW ALL MEN BY THESE PRESENTS That THE VILLAGE OF KEY BISCAYNE and any related entity hereinafter referred to as first party for and in consideration of the sum of TEN DOLLARS ($10 00) and/or other good and valuable considerations received from or on behalf of FIREPOWER DISPLAYS UNLIMITED, INC and any related entities hereinafter collectively referred to as second party the receipt whereof is hereby acknowledged HEREBY remise release acquit satisfy and forever discharge the said second party and their agents employees officers and shareholders of and from all and all manner of action and actions agreements accountings accounts assets attorneys fees bills bonds bond claims cause and causes of action claims contracts controversies costs covenants damages debts dues earnings executions judgments liens lien claims profits promises reckonings specialties stocks suits sums of money trespasses variances and any other claims or demands of any kind whatsoever not specifically listed herein in law or in equity in contract or in tort which said first party ever had now has or could have had in the future or which any personal representative successor heir or assign of said first party hereafter can shall or may have against said second party and its agents and employees for upon or by reason of any claims arising out of or in any way related to any claims that were brought or could have been brought in connection with Case Number 04 9051 CA 10 filed in the Circuit Court of the Eleventh Judicial Circuit in and for Miami Dade County Florida or arising out of or in any way relating to the parties association with one another on the matters involved in this lawsuit With respect to the claims actions and causes of action released by this General Release the first party and the party signing this release on behalf of first party hereby represents and warrants that the first party has not in any manner assigned pledged or otherwise transferred to anyone any interest in any claim released hereby and that each claim described herein is hereby fully and finally discharged settled and satisfied To the extent allowable by law the first Party further agrees that he will forbear from assisting any third party in pursuing any claim cause of action or controversy against the Second Party The first party further agrees that it shall indemnify and hold the second party harmless from any and all damages costs expenses attorney's fees and liabilities incurred by the second party by reason of any breach of the representations or warranties made by the first party herein It is understood and agreed that settlement of this action is the compromise of a disputed claim and that the payment made is not to be construed as an admission of liability on the part of any party or parties hereto This General Release is intended to be contractual in nature and may not be changed except with the express prior written consent of the first party and the second party This General Release shall be binding upon the successors assigns and any entity related to the first party and shall inure to the benefit of the successors and assigns of the second party The first party further acknowledges that it has read this General Release and knows its contents that it has had the advice of counsel or the opportunity to seek the advice of counsel as to its meaning and intent that it is executing this General Release freely and voluntarily for the purposes expressed herein and that no promise inducement or agreement not expressed herein has been made to it General Release Page 1 of 1 NESS WHEREOF I have hereunto set my hand and seal this ///day of 2004 Signed sealed delivered and witnessed in the presence of THE VILLAGE OF KEY BISCAYNE WITNESS # 1 (sign then pnnt name and address) 14174-e q 2700,w yet 11 t✓/ 3 3 /411 WITNESS # 2 (sign en print a address) J STATE OF COUNTY OF 7/aida SS nntN e Print Title 1 HERE:Y CERTIFY that on this day before me an officer duly authorized in the opvaid an • ' th A� • unty aforesaid to take acknowledgments personally appeared who /��� of THE VILLAGE OF KEY BISCAYNE known to be the person desc ed and who executed e foregoing instrument and he/she acknowledged before me that he/she executed same S my hand and official seal in the County and State aforesaid this 21/clay of 2004 Ily known or ed Identification State of Florida at Large My Commission Expires PREPARED BY PAULA LEVY ESQ SIEGFRIED RIVERA LERNER DE LA TORRE & SOBEL P A 201 Alhambra Circle Suite 1102 Coral Gables FL 33134 Telephone (305) 442 3334 Facsimile (305) 443 3292 General Release Page 2 of 2 OFFICIAL N. Ai YSEAL CONCHITA H ALVAREZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO CC975183 MY COMMISSION E"CP NOV 14,2004