STIPULATION AND SETTLEMENT AGREEMENT
THIS STIPULATION AND SETTLEMENT AGREEMENT (the "Agreement") is
entered into this _____ day of _________, 20____ (the "Effective Date"), by and between
a ______________ corporation (or an individual residing in ______________), and
_________________ (____________), a ______________ corporation (or an individual residing
in _______________). These entities/individuals are herein collectively referred to as "Party" or
1.01 On the ____ day of ___________, 20______, _________ filed a complaint
for ______________________ in the Federal District Court in the District of___________, Civil
Action No. _______________ (the "Action");
1.02 On the ____ day of ________, 20___, __________ filed an Answer (and
Counterclaim – delete if not applicable) in the Action;
1.03 The Parties hereto have determined that it is in their best interest to reach a
settlement agreement for any and all claims they have or may have with respect to the Action
and settle the Action on the terms and conditions set forth below.
NOW THEREFORE, in consideration of the above recitals and mutual
promises and covenants herein contained, the Parties hereto agree as follows:
2.00 DISMISSAL WITH PREJUDICE AND RELEASE
2.01 Upon execution of this Agreement by the Parties, the Parties hereto agree that
they shall execute the stipulation and proposed court Order in the form attached hereto as Exhibit
“A”, pursuant to the Parties agreeing to dismiss the Action with prejudice, including all claims
(and counterclaims – delete if not applicable). Immediately following the execution of this
Agreement, the Parties hereto will file with the United States District Court of
_________________ (the "Court") the fully executed version of Exhibit “A” attached hereto.
Each of the Parties hereby intend and agree that the Court of relevant jurisdiction shall retain
jurisdiction for the purpose of resolving any controversy or claim arising out of or relating to the
terms, provisions and conditions of this Agreement.
2.02 Any Party who fails to perform its/his/her obligations hereunder, or any other
claim or dispute arising out of or resulting from the Agreement, then the fully executed version
of Exhibit “A” hereto will be filed under seal, together with the Proposed Sealing Order attached
hereto as Exhibit “B”, for use as appropriate in connection with the Court's express reservation
2.03 Each of the Parties further hereby agrees to waive any objection they have or
may have now or in the future to the filings of any proceedings in a Court of relevant jurisdiction
for the purpose referenced in this Article 2.00.
2.04 Any and all Attorney fees, expenses and costs associated with the Action will
be the sole responsibility of each of the Parties hereto.
2.05 Except for limitations expressly stated in this Agreement, and in consideration
of the mutual promises and covenants contained herein, including the payment and other
consideration described in Article 3.00 below, __________ and _____________, on behalf of
their respective officers,