Confidential Settlement Agreement and Release Sample Contracts

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • August 15th, 2005 • American Biltrite Inc • Plastics products, nec • New Jersey
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ELEVENTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • February 27th, 2015 • Mgic Investment Corp • Surety insurance • New York

This ELEVENTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE (“Amendment”) is made and is effective as of February 6, 2015, by and among Mortgage Guaranty Insurance Corporation (“MGIC”), Countrywide Home Loans, Inc. (“CHL”) and Bank of America, N.A., in its capacity as master servicer or servicer of Subject Loans (“Servicer”). Capitalized terms used in this Amendment without definition have the meaning given them in the Settlement Agreement.

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • November 4th, 2016 • Cinedigm Corp. • Services-video tape rental • California

This Confidential Settlement Agreement and Release (the “Settlement Agreement”) is made and entered into by and between Gaiam, Inc. and Gaiam Americas, Inc. (collectively referred to as “Gaiam”) and Cinedigm Corp. and Cinedigm Entertainment Holdings, LLC (collectively referred to as “Cinedigm”) as of September 29, 2015 (the “Effective Date”). Gaiam and Cinedigm are referred to in this Settlement Agreement individually as a “Party” and collectively as the “Parties.”

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • December 18th, 2023 • Pacificorp /Or/ • Electric services • Oregon

This Settlement Agreement and Release, including the exhibits thereto (“Agreement”), is made effective as of December 12, 2023 (the “Effective Date”) between [Plaintiff] (collectively, the “Settling Plaintiff” or “Settling Plaintiffs”1) and PacifiCorp d/b/a Pacific Power (the “Settling Defendant”). The Settling Plaintiffs and Settling Defendant enter into this Agreement to formally resolve any and all claims between the Settling Plaintiffs and Settling Defendant for damages relating to the Settling Plaintiffs’ claims arising from the Archie Creek Complex Fire (as defined below).

EX-99 2 c87195exv99.htm SETTLEMENT AGREEMENT DATED JULY 22, 2004 CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • May 5th, 2020 • California

This Confidential Settlement Agreement and Release (hereinafter the “Agreement”) is made this 22nd day of July, 2004, by and between GATX Capital Corporation, a Delaware corporation; GATX Aircraft Corporation, a Delaware corporation; GATX New Aircraft Corporation, a Delaware corporation; GATX/Airlog Company, a California general partnership; GATX Airlog Partners I, a Michigan general partnership; Frederick L. Hatton; Sanford P. Burnstein; Airlog Management Corporation, a Nevada corporation; and DMC Holdings, Ltd., a Michigan corporation and certain Underwriters at Lloyd’s, London, and certain London Market Insurance Companies subscribing to the Subject Insurance Policies as defined below (the aforementioned parties being referred to hereinafter collectively as the “Parties”).

EX-10.1 2 a12-19932_1ex10d1.htm EX-10.1 CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • May 5th, 2020 • New York

This CONFIDENTIAL SETTLEMENT AGREEMENT and RELEASE (this “Agreement”) is made and entered into as of October 21, 2012 (the “Effective Date”) by and between VOOM HD Holdings LLC f/k/a Rainbow HD Holdings LLC (“Rainbow”) and CSC Holdings, LLC (“Cablevision”), on the one hand, and DISH Network L.L.C. f/k/a EchoStar Satellite L.L.C. (“DISH”), on the other hand, and solely for the purposes set forth in Section 3(a) below, DISH Media Holdings Corporation f/k/a EchoStar Media Holdings Corporation (“DISH Media”), and solely for the purposes set forth in Sections 1(c) and 3(c) below, MSG Holdings, L.P. (“MSG Holdings”) and The Madison Square Garden Company (“MSG”), and solely for the purposes set forth in Section 2 below, EchoStar Corporation (“EchoStar Corporation”). Rainbow, DISH, DISH Media, MSG Holdings, MSG, Cablevision and EchoStar Corporation shall each be referred to as a “Party” and collectively as the “Parties.”

EX-10.14 20 dex1014.htm SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE REGISTRANT AND ERIC & CHERYLN MORIN CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • May 5th, 2020

This Confidential Settlement Agreement and Release (“Agreement”) is made as of November 1st 2006, by and between Sun Energy Solar, Inc., a Delaware corporation (the “Company”) Eric Morin and Cheryln Morin (collectively, the “Employee”) (collectively, the “Parties”).

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • December 21st, 2007 • Applied Digital Solutions Inc • Communications equipment, nec • Virginia

This Settlement Agreement (the “Agreement”) is made this ninteeth (19th) day of December 2007, being the last day on which all parties sign this Agreement (the “Effective Date”) by and among Verizon Federal Inc, (“Verizon”); and Government Telecommunications, Inc. (“GTI”) and GTI’s parent company, Applied Digital Solutions, Inc. (“ADS”); collectively referred to herein as the “Parties.”

SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • March 29th, 2002 • Hilton Hotels Corp • Hotels & motels • Tennessee

This SETTLEMENT AGREEMENT AND RELEASE is entered into as of February 22, 2001 by and among Thomas L. Keltner ("Keltner"), Promus Hotel Corporation ("Promus") and Hilton Hotels Corporation ("Hilton").

AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • November 8th, 2013 • Mgic Investment Corp • Surety insurance • New York

This AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE (“Amendment”) is made and is effective as of this 24th day of September, 2013, by and between Mortgage Guaranty Insurance Corporation (“MGIC”), and Bank of America, N.A. (as a successor to BAC Home Loans Servicing f/k/a Countrywide Home Loans Servicing LP (“Servicing”)) (“Bank of America”), on its own behalf and as successor in interest by de jure merger to Countrywide Bank FSB, formerly Treasury Bank (“Countrywide Bank”). Countrywide Home Loans, Inc. (“CHL”) is a party to the Settlement Agreement only to the extent specified in the Settlement Agreement. Capitalized terms used in this Amendment without definition have the meaning given them in the Settlement Agreement.

NINTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • February 27th, 2015 • Mgic Investment Corp • Surety insurance • New York

This NINTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE (“Amendment”) is made and is effective as of November 30, 2014, by and among Mortgage Guaranty Insurance Corporation (“MGIC”), Countrywide Home Loans, Inc. (“CHL”) and Bank of America, N.A., in its capacity as master servicer or servicer of Subject Loans (“Servicer”). Capitalized terms used in this Amendment without definition have the meaning given them in the Settlement Agreement.

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • June 28th, 2022 • Ohio

(“Agreement”) is entered into on the 28th day of June, 2022 (“Effective Date”), by and between Rite Aid Corporation, Rite Aid of Maryland, Inc. d/b/a Mid-Atlantic Customer Support Center (“Rite Aid of Maryland”), Rite Aid Hdqtrs. Corp., Eckerd Corporation d/b/a Liverpool Distribution Center, Rite Aid of Georgia, Inc., Rite Aid of North Carolina, Inc., and Rite Aid of Ohio, Inc., along with each of the foregoing’s predecessors, parents, subsidiaries, divisions, affiliates, directors, officers, agents, employees, representatives, members, and attorneys (including each of their respective successors, assigns, heirs, administrators, and executors) (collectively, “Rite Aid”) and Montgomery County, Ohio, Montgomery County Prosecuting Attorney Mathias H. Heck, Jr., Cobb County, Georgia, and Durham County, North Carolina (collectively, “Montgomery, Cobb, and Durham Counties” or the “County Plaintiffs”) (collectively, the “Parties”) and is intended to set forth the terms of the agreement reache

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • August 5th, 2020 • Washington

This Confidential Settlement Agreement and Release, (the “Agreement”), is entered by and between the Port of Seattle (the “Port,”) and the Port Entities, as defined in Paragraph 1.K), on one hand, and Great American Insurance Company and Great American Insurance Company of New York, formerly American National Fire Insurance Company (collectively, “Great American,”) and the Great American Entities, as defined in Paragraph 1.G), on the other hand, as of the Effective Date (as defined in Paragraph 1.D below). The Port and Great American may each be referred to as a “Party” and may be referred to collectively as the “Parties.”

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • March 5th, 2007 • Sun Energy Solar Inc

This Confidential Settlement Agreement and Release (“Agreement”) is made as of December 1, 2006, by and between Sun Energy Solar, Inc., a Delaware corporation (hereinafter the “Company” or “SESI”) and Bob Wyatt (hereinafter the “Executive” or “Wyatt””) (collectively, the “Parties”).

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
Confidential Settlement Agreement and Release • March 30th, 2007 • Artes Medical Inc • Pharmaceutical preparations • California

This Confidential Settlement Agreement and Release of All Claims (“Agreement”) is made by and between Artes Medical, Inc. (the “Company”), a Delaware corporation and Harald T. Schreiber (“Mr. Schreiber”).

CONFIDENTIAL CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • November 16th, 2020 • Applied Energetics, Inc. • Search, detection, navagation, guidance, aeronautical sys • Delaware

This Confidential Settlement Agreement and Release (“Settlement Agreement”) is entered into as of September 24, 2020 (“Effective Date”), by and among Applied Energetics, Inc. (“AE”), George Farley (“Farley”), and AnneMarieCo. LLC (“AMC” and together with AE and Farley, “Parties”).

CERTAIN INFORMATION IDENTIFIED WITH [***] HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) IS OF THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • May 10th, 2024 • Novavax Inc • Biological products, (no disgnostic substances)

This CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE (the “Agreement”), effective as of March 21, 2024 (the “Effective Date”), is made by and between Novavax, Inc. (“Novavax”) on the one hand, and FUJIFILM Diosynth Biotechnologies UK Limited (“FDBK”), FUJIFILM Diosynth Biotechnologies Texas, LLC (“FDBT”), and FUJIFILM Diosynth Biotechnologies USA, Inc. (“FDBU”), on the other. FDBK, FDBT and FDBU shall individually and/or collectively, as the context requires, be referred to herein as “Fujifilm”. Novavax and Fujifilm are referred to herein together, as the “Parties,” and each, as a “Party.”

AMENDED CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE‌
Confidential Settlement Agreement and Release • May 23rd, 2022 • California

The Receiver, JOLs, the DLI Entities, the Party Investors, and the Deloitte Entities are individually referred to herein as a “Party” and, collectively, as the “Parties.”

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • November 16th, 2015 • Florida

This Confidential Settlement Agreement and Release (“Agreement”) is made and entered into as of the date all signatories below have executed the Agreement (the “Effective Date”) by Plaintiff,

EIGHTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • February 27th, 2015 • Mgic Investment Corp • Surety insurance • New York

This EIGHTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE (“Amendment”) is made and is effective as of October 30, 2014, by and among Mortgage Guaranty Insurance Corporation (“MGIC”), Countrywide Home Loans, Inc. (“CHL”) and Bank of America, N.A., in its capacity as master servicer or servicer of Subject Loans (“Servicer”). Capitalized terms used in this Amendment without definition have the meaning given them in the Settlement Agreement.

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • August 30th, 2019 • Charah Solutions, Inc. • Hazardous waste management • North Carolina

This Confidential Settlement Agreement and Release (the “Agreement”) is made and entered as of August 30, 2019 (the “Effective Date”) by and between Duke Energy Business Services LLC, as agent for and on behalf of Duke Energy Carolinas, LLC and Duke Energy Progress, LLC (formerly known as Duke Energy Progress, Inc.) (collectively, “Duke Energy”) and Charah, LLC (formerly, Charah, Inc.) (“Charah”).

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • June 6th, 2023 • Limoneira CO • Agricultural production-crops • California

This Settlement Agreement and Release, including the exhibit thereto (“Agreement”), is made by and between the plaintiff identified in Exhibit A (“Settling Plaintiff”), Southern California Edison Company (“SCE”), and Edison International (together with SCE, “Edison,” and collectively with Settling Plaintiff, the “Parties”). Settling Plaintiff and Edison enter into this Agreement to formally resolve any and all claims between Settling Plaintiff and Edison for damages relating to Settling Plaintiff’s claims asserted in the case identified in Exhibit A, hereinafter referred to as the "Action.”1

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CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • November 2nd, 2022 • SiriusPoint LTD • Fire, marine & casualty insurance

This CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE (the “Agreement”), dated as of September 30, 2022, is entered into by and between SiriusPoint Ltd., a Bermuda corporation (the “Company”), and Prashanth Gangu (the “Executive”).

FIFTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • August 8th, 2014 • Mgic Investment Corp • Surety insurance • New York

This FIFTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE (“Fifth Amendment”) is made and is effective as of this 5th day of June, 2014, by and among Mortgage Guaranty Insurance Corporation (“MGIC”), Countrywide Home Loans, Inc. (“CHL”) and Bank of America, N.A., in its capacity as master servicer or servicer of Subject Loans (“Servicer”). Capitalized terms used in this Amendment without definition have the meanings given them in the Settlement Agreement.

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • September 14th, 2022

This Confidential Settlement Agreement and Release (hereinafter referred to as the "Agreement") is made by and between (1) AMERICAN CAMPUS COMMUNITIES OPERATING LP ("Villas at Babcock") and ACC OP MANAGEMENT, LLC (collectively, "American Campus"), on the one hand, and (2) Ryan Gregurich ("Tenant") on the other hand. The foregoing parties may be collectively referred to herein as the "Parties."

SECOND AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • February 28th, 2014 • Mgic Investment Corp • Surety insurance • New York

This SECOND AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE (“Amendment”) is made and is effective as of this 8th day of November, 2013, by and among Mortgage Guaranty Insurance Corporation (“MGIC”), Countrywide Home Loans, Inc. (“CHL”) and Bank of America, N.A., in its capacity as master servicer or servicer of Subject Loans (“Servicer”). Capitalized terms used in this Amendment without definition have the meaning given them in the Settlement Agreement.

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • November 9th, 2015 • Cinedigm Corp. • Services-video tape rental • California

This Confidential Settlement Agreement and Release (the “Settlement Agreement”) is made and entered into by and between Gaiam, Inc. and Gaiam Americas, Inc. (collectively referred to as “Gaiam”) and Cinedigm Corp. and Cinedigm Entertainment Holdings, LLC (collectively referred to as “Cinedigm”) as of September 29, 2015 (the “Effective Date”). Gaiam and Cinedigm are referred to in this Settlement Agreement individually as a “Party” and collectively as the “Parties.”

FOURTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • August 8th, 2014 • Mgic Investment Corp • Surety insurance • New York

This FOURTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE (“Amendment”) is made and is effective as of this 19th day of May, 2014, by and among Mortgage Guaranty Insurance Corporation (“MGIC”), Countrywide Home Loans, Inc. (“CHL”) and Bank of America, N.A., in its capacity as master servicer or servicer of Subject Loans (“Servicer”). Capitalized terms used in this Amendment without definition have the meaning given them in the Settlement Agreement.

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • November 8th, 2012 • AMC Networks Inc. • Cable & other pay television services • New York

This CONFIDENTIAL SETTLEMENT AGREEMENT and RELEASE (this “Agreement”) is made and entered into as of October 21, 2012 (the “Effective Date”) by and between VOOM HD Holdings LLC f/k/a Rainbow HD Holdings LLC (“Rainbow”) and CSC Holdings, LLC (“Cablevision”), on the one hand, and DISH Network L.L.C. f/k/a EchoStar Satellite L.L.C. (“DISH”), on the other hand, and solely for the purposes set forth in Section 3(a) below, DISH Media Holdings Corporation f/k/a EchoStar Media Holdings Corporation (“DISH Media”), and solely for the purposes set forth in Sections 1(c) and 3(c) below, MSG Holdings, L.P. (“MSG Holdings”) and The Madison Square Garden Company (“MSG”), and solely for the purposes set forth in Section 2 below, EchoStar Corporation (“EchoStar Corporation”). Rainbow, DISH, DISH Media, MSG Holdings, MSG, Cablevision and EchoStar Corporation shall each be referred to as a “Party” and collectively as the “Parties.”

SIXTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • November 7th, 2014 • Mgic Investment Corp • Surety insurance • New York

This SIXTH AMENDMENT TO CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE (“Amendment”) is made and is effective as of August 31, 2014, by and among Mortgage Guaranty Insurance Corporation (“MGIC”), Countrywide Home Loans, Inc. (“CHL”) and Bank of America, N.A., in its capacity as master servicer or servicer of Subject Loans (“Servicer”). Capitalized terms used in this Amendment without definition have the meaning given them in the Settlement Agreement.

HASKINS SETTLEMENT AGREEMENT CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • May 7th, 2007 • Remington Arms Co Inc/ • Ordnance & accessories, (no vehicles/guided missiles)

This CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE (“Settlement Agreement”), is made and effective as of the 16th day of March, 2007, between:

Contract
Confidential Settlement Agreement and Release • September 18th, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DARVIN McAFEE, individually and § on behalf of all others similarly situated § § Plaintiff, § § v. § CIVIL ACTION NO. 4:16-cv-03298 § PIONEER NATURAL RESOURCES § COMPANY § § Defendant. §

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE by and between NORTEL NETWORKS LIMITED, NORTEL NETWORKS INC., FOUNDRY NETWORKS, INC., BOBBY R. JOHNSON, Jr., H. EARL FERGUSON, deceased, and JEFFREY PRINCE. Effective Date: 25 October 2004
Confidential Settlement Agreement and Release • March 11th, 2005 • Foundry Networks Inc • Computer communications equipment • Massachusetts

This Confidential Settlement Agreement and Release (“Settlement Agreement”) is entered into as of October 25, 2004 (“Effective Date”), by and between Foundry Networks, Inc., a Delaware corporation (“Foundry”); Bobby R. Johnson, Jr., a natural person (“Johnson”); the Estate of H. Earl Ferguson, deceased (“Ferguson”); Jeffrey Prince, a natural person (“Prince”); Nortel Networks Limited, a corporation organized under the laws of Canada, and Nortel Networks Inc., a Delaware corporation. Nortel Networks Limited, Nortel Networks Inc., Foundry, Johnson, Ferguson and Prince are hereinafter referred to jointly as the “Parties” and each individually as a “Party”.

CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE
Confidential Settlement Agreement and Release • May 7th, 2024 • Esperion Therapeutics, Inc. • Pharmaceutical preparations • New York

This Confidential Settlement Agreement and Release (the “Settlement Agreement”) is made and entered into as of January 2, 2024 (the “SA Effective Date”) between Esperion Therapeutics, Inc. (“Esperion”), a Delaware corporation with offices at 3891 Ranchero Drive, Suite 150, Ann Arbor, Michigan, USA 48108, and Daiichi Sankyo Europe GmbH (“DSE”), a company with limited liability incorporated under German law with offices at Zielstattstr 48, 81379 Munich, Germany. Esperion and DSE may each be referred to herein individually as a “Party” and collectively as the “Parties.”

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