HomeMy WebLinkAbout17- General Release and Settlement Agreement - Zoemax LLC - Fiber Drilling through Sewer Service Line GENERAL RELEASE AND SETTLEMENT
RELEASORS: Zoemax LLC, 25 Painted Ridge Road, Bozeman, MT 59715
RELEASEES: City of Bozeman, Montana and its officers, employees and agents
DATE OF INCIDENT: June 6, 2017
DESCRIPTION OF INCIDENT: A private contractor installing fiber optic cable drilled through the
sewer service line on the Releasors property.
SUM OF SETTLEMENT: Four Thousand three Hundred and Sixty Dollars and Ninety Cents
($4,360.90)
1. Release
The undersigned Releasor(s), on behalf of itself, its lessees, agents, renters, assigns, partners,
members, employees, attorneys, and successors in interest, acknowledge receipt of the above Sum of
Settlement and in consideration for payment of such Sum, fully and forever release and discharge
Releasees, Releasees' successors, assigns, agents, partners, employees and attorneys from any and all
actions, claims, causes of action, demands, or expenses for damages or injuries, whether asserted or
unasserted, known or unknown, foreseen or unforeseen, arising out of the described incident.
2. Future Damages
Inasmuch as the injuries, damages, and losses resulting from the events described herein may not
be fully known and may be more numerous or more serious than it is now understood or expected, the
Releasors agree, as a further consideration of this agreement, that this Release applies to any and all
injuries, damages and losses arising out of the incident described herein, even though now unanticipated,
unexpected and unknown, as well as any and all injuries, damages and losses which have already
developed and which are now known or anticipated.
3. Releasees' Reservation of Right of Subrogation, Contribution or Indemnity
This release does not in any way negate or diminish any right of Releasees to subrogation,
contribution or indemnity against any person, corporation, organization or indemnity against any person,
corporation, organization or entity. Such right of subrogation, contribution or indemnity is hereby
specifically reserved by Releasees.
5. No Admission of Liability
It is understood that the above-mentioned sum is accepted as the sole consideration for full
satisfaction and accord to compromise a disputed claim, as to Releasees, and that neither the payment of
the Sum by Releasees nor the negotiations for settlement shall be considered as an admission of liability.
6. No Additional Claims
Releasor represents that no additional claims are contemplated against any other party potentially
liable for the losses, damages, and injuries for which this Release is given. Releasors expressly
understand and agree that in the event any additional claim is made against any other party potentially
liable for the losses or damages for which this Release is given, which directly or indirectly results in
additional liability exposure to Releasees for the losses, injuries, and damages for which this Release is
given, Releasors covenant and agree to indemnify and save Releasees harmless from all such claims and
demands, including reasonable attorneys' fees and all other expenses necessarily incurred.
7. Nature of Payment
Payment of the above-mentioned Sum is made to compensate Releasors for the incident
described herein and shall be made to Zoemax, LLC and distribution of such payment among and
between the Releasors shall be the sole responsibility of Releasors and the same shall hold Releasees
harmless from any dispute among or between the Releasors as to distribution of the payment.
8. Disclaimer/Binding Effect
Releasors have carefully read the foregoing Release, discussed its legal effect with Releasors'
attorney, understands the contents thereof, and signs the same of Releasors' own free will and accord.
This Release shall be binding on Releasors' heirs, successors, personal representatives and assigns.
9. Severability
Should any provision of this Release be determined to be unenforceable, all remaining terms and
clauses shall remain in force and shall be fully severable.
10. Choice of Law and Parol Evidence
This Release constitutes the entire agreement between the parties and fully extinguishes and
supersedes any and all prior oral agreements or agreements which are contrary to the foregoing. The
laws of the State of Montana shall apply to the interpretation of this Release.
****END OF AGREEMENT EXCEPT FOR SIGNATURES AND
ACKNOWEDGMENTS****
Release for Zoemax, LLC
Page 2 of 3
DATED this ((� day of L-V 20 l�
CAUTION: READ BEFORE SIGNING!
Date: 1 (D I
ob � .o in, Releasor on behalf of himself and Zoemax, LLC
ACKNOWLEDGEMENTS
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on S Ud �� , 2017, by Rob Goo win as Managi g r
Member of Zoemax, LLC and for himself in his personal capacity.
Printed Name:
NOTARY PUBLIC for the State of Montana
RESIDING ATBCLf,- 4I G- , Montana
My Commission Expires r��, 20�C�
MICHELLE DIPZINSKI
Notary Public
NET^Rq�' fir the State of Montana
* * ; Residing at:
u39 SEAL 6elgrade, Montana
oF'Ma ?;^' My Commission Expires;
August 31,2020
Release for Zoemax, LLC
Page 3 of 3
411
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Accounts Payable Transaction
Group Information
Group number: 13784 SHOPS-MD
Accounting period: 12/2017
Posting date: 07/05/2017
Transaction
Transaction date: 06/06/2017
Invoice number: 2201lrOWNSEND
Account number: 620-5210-444.50-99 GENERAL
Project number:
Amount: 4,360.90
Liquidated amount: .00
Discount amount: .00 Retainage amount: .00
Net transaction amount: 4,360.90
Voucher number: PO number:
Vendor number: 5964 ZOEMAX LLC
Description 1: SEWER SERVICE REPAIR
s/OK
Description 2: FIBROPTC BORE OF SWR LINE
X Exit Transaction type code:
a Cancel '......
Group inquiry
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