FORM RELEASE

David A. Szwak

FORM RELEASE

Postby David A. Szwak » Wed Mar 01, 2006 5:38 pm

STATE OF LOUISIANA
PARISH OF CADDO

RECEIPT AND RELEASE
For and in consideration of the total sum of *********** HUNDRED THOUSAND, **** THOUSAND, ****** and NO/100 ($***,***.00) DOLLARS, this date paid, by ***********************, Inc. ["Released Party"] which the undersigned hereby acknowledges to have received in the form of a settlement check, no. ________, *********************, ["Releasor"], hereby pardons, discharges, forgives, acquits and forever releases the said Released Party from the claims set forth in the lawsuit, filed and captioned ********************* versus Trans Union, LLC, et al, civil action no. 3-02CV-****-H, United States District Court, in and for the Eastern District of *****, ******** Division, filed by Releasor against Released Party including, but not limited to, any type or category of damages, medical expenses, personal injuries, attorneys' fees, expert fees, and other litigation costs, though none of these alleged rights or claims are conceded or admitted by the Released Party but are alleged by the Releasor. This release is not a release of future claims which might arise after the date this release is signed by Releasor. The above consideration is acknowledged to be in full, final and complete settlement of the aforementioned demands, claims or rights made in the above mentioned proceeding.
IT IS FURTHER understood and expressly agreed that the payment herein referred to is in settlement of a disputed claim and is in no respect an admission of liability on the part of Released Party or on the part of Releasor and is inadmissible as evidence in any proceeding except in an action to enforce the settlement terms.
Further, the Releasor and Released Party are each responsible for their own respective attorneys' fees, litigation expenses and costs.
Further and reciprocally, Released Party hereby pardons, discharges, forgives, acquits and forever releases the said Releasor from any alleged demands or claims whatsoever and of any kind or nature, whether alleged in the lawsuit papers or not.
This settlement is strictly confidential and the terms of the settlement are not to be shared with any person or entity, except that Releasor may provide the information to his spouse, accountant and any governmental agency[ies] requiring disclosure of the monetary consideration.
Should any erroneous information appear on any credit report and is listed as reported by Released Party, Releasor shall provide written notice to Released Party, through its attorney of record, ************, Esq., and *************, Esq., of **********************, ***************************************, Los Angeles, California ***** and Releasor will provide Released Party a period of twenty [20] days to rectify any such mis-reporting. Released Party will provide Releasor a copy of communications showing any efforts to resolve any possible future mis-reporting.
Notwithstanding the foregoing, Released Party agrees to immediately take all necessary steps to clear its internal records of any and all records containing Releasor's personal identifiers and to insure that Released Party is not affirmatively reporting any information to any third party about Releasor. Further, Released Party agrees to immediately take all necessary steps to retract any assignment or transfer of any and all records or accounts, containing Releasor's personal identifiers, to third persons, including debt collection entities, and to insure that such third persons are directed not affirmatively reporting any information to any third party about Releasor and direct third persons to remove and suppress any reportings made or initiation by Released Party or any third persons obtaining said records or accounts, containing Releasor's personal identifiers, from Released Party.
Further, Released Party agree to immediately direct the credit reporting agencies to whom it subscribe[d] to delete, retract and suppress any credit reportings or reportings of inquiries or reportings of personal data about Releasor which were made or initiated by Released Party. Copies of those directives shall be produced to counsel for Releasor within thirty [30] days of the transmission to insure compliance.
THIS IS NOT A RELEASE OF FUTURE CLAIMS WHICH MAY ARISE BETWEEN THE PARTIES AFTER THE DATE THAT PLAINTIFF SIGNS THIS AGREEMENT.
A completely executed copy of this release is to be provided to David A. Szwak, Attorney at Law, Bodenheimer, Jones & Szwak, 509 Market Street, 7th Floor, Shreveport, Louisiana 71101, upon completion of signatures and within thirty [30] days from the date the release is tendered to Released Party.
Any party who succeeds in an action to enforce any of the terms of this settlement agreement is entitled to all damages, attorneys' fees, litigation expenses and costs incurred in the handling of such an action.
The terms of this settlement are not mere recitals but are real consideration in the formation of this agreement.
Sworn to and subscribed before me (us), Notary (Notaries), duplicate originals completely and finally executed on this the ___ day of _________________, 2006.
WITNESSES:
___________________________ _____________________________
*********************

___________________________

__________________________________________
NOTARY PUBLIC IN AND FOR
THE PARISH/COUNTY OF ________, STATE
OF ___________

WITNESSES:

__________________________ _____________________________
****************************, Inc.

__________________________ ___________________[print name]
________________________[title]

__________________________________________
NOTARY PUBLIC IN AND FOR
THE PARISH/COUNTY OF ________, STATE
OF ___________

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