HomeMy WebLinkAboutDC Corporation-10/11/2010RELEASE (CLAIM 7214 PE 099454 050609 51)
IN CONSIDERATION of the payment of TWENTY FIVE THOUSAND AND NO/100 ($25,000.00) Dollars to the
undersigned CITY OF WATERLOO, IOWA, the undersigned fully releases and forever discharges DC CORPORATION,
his successors and assigns (the Released Party), and all other persons for whose fault the Released Party is or is claimed
to be liable, from any and all causes of action that the undersigned has or may have, including any claims for injury to
others, arising out of the Released Party's acts or omissions in damaging the undersigned's traffic signal loops, conduits
and electrical facilities during excavation in the vicinity of Park Avenue and Bluff Street on or about MAY 6, 2009 (the
accident).
In addition, the undersigned agrees and represents as follows:
1) The undersigned agrees to defend, indemnify and hold forever harmless the Released Party from any and all claim,
demands or causes of action that arise out of any injury or damage sustained by the undersigned in the Accident,
including, but not limited to, any claims for contribution, indemnity or subrogation. The Released Party is hereby
discharged from his liability for damages to the undersigned, and the claim of the undersigned that arises from the
Accident is satisfied to the extent of that percentage of the Released Party's fault which may be determined in the
future.
2) The undersigned relies wholly upon his own judgment, belief and knowledge of the nature, extent and duration of the
injury, and no representations by any person have influenced the undersigned's decision in making this reiease. This
release represents the compromise and settlement of a disputed claim.
3) This release expressly reserves all rights of the Released Party to pursue his remedies, if any, against the
undersigned or those in privity or in any way connected with the undersigned.
4) The undersigned agrees to be responsible for payment of any and all claims for subrogation or reimbursement or for
health care expenses that may have arisen as a result of the Accident. The undersigned agrees to defend, indemnify
and hold the Release Party and his insurer harmless from any such claims or expenses.
5) It is agreed that the terms contained in this Agreement will be read to apply equally in the singular as well as the plural
and to refer to the feminine as well as the masculine.
I state that I carefully read the foregoing Release and know the contents thereof, and I sign the same as my free act.
VN
S ITNESS WHEREOF: I have hereunto set my �d and seal this I I day of
C , 2010.
STATE OF
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cOuNTYOF
On this 0.14 -day of , A.D. 2010, before me a Notary Public, in and for said County
and State personally appeared
ss.
_ �4- 6.0 -10 -y -f_ 4,-S to me known t• be the person(s)
named and who executed the above release, and who acknow -dged the same to be Aj fir=( ' +<- • ee and voluntary
act a -,d def -d; and I ce 'fy that • = o execution thereof that JI fully under tood the same.
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335.04 (03/96) 00
Notary Public
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