STATE OF MISSISSIPPI
COUNTY OF HINDS
AGREEMENT AND RELEASE
Abn THIS AGREEMENT AND RELEASE entered into on this the (ay of
I 2019, by and between the parties hereinafter named, WITNESSETH as
follow:
WHEREAS, there is now a pending claim for damages styled Cheryl Matory, etal
v, Hinds County Sheriff Victor Mason, et al., under Civil Action No.: 3:16-cv-989-TSL-
RHW, pending in the US. District Court for the Southern District of Mississippi;
Northern Division:
WHEREAS, while denying and protesting any liability in the premises, an offer
of compromise has been made for economic reasons on the part of the Defendants in the
above-styled and numbered cause, said Defendants being more particularly described
as "Releasces" hereinafter, and Plaintiff Cheryl Matory, more particularly described as
"Releasor" hereinafter, is desirous of accepting said compromise settlement and
granting a full and final release unto Releasces:
NOW, THEREFORE, in consideration of the mutual promises exchanged
herewith, as well as other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, it is agreed as follows:
1. PARTIES: The parties to this agreement and release are as follow
A. — Releasor is Cheryl Matory, an adult resident citizen of Hinds
County, Mississippi.
B. __Releasees are: Hinds County Sheriff Victor Mason, Hinds County,
Mississippi, and all of their agents, servants, employees, and
officials (elected and appointed), and any and all other persons,
firms, corporations, or entities associated with the above mentioned
Releasees, including, but not limited to, their insurance carrier.
2. PURPOSE OF RELEASE: The purpose of this release and agreement is for
the Releasor, upon payment of the consideration hereinafter recited, to release the
aforesaid Releasees from any and all claims, losses, damages, or injuries sustained by
her, both known and unknown, insofar as it pertains to her employment with Release
including all events pertaining to the same that transpired before, during or after thesame that are in any way connected with Releasees herein or alleged in the above-
referenced suit.
3. CONSIDERATION: The total consideration paid for this release shall be
the sum of One Hundred Fifty Thousand Dollars ($150,000.00), payable to Cheryl
Matory and Lisa M. Ross, Attorney at Law, by Releasees upon execution of this release.
4. RELEASE: The Releasor does, for herself, her heirs, executors,
administrators, assign, release, acquit, and forever discharge the aforementioned
Releases, officially and individually, and any and all other persons, firms or
corporations from any and all claims, demands, damages, actions, (judicial or
administrative) causes of action, (legal or equitable) suit or suits, attorney's fees
{including attorney's fees under 42 U.S.C. § 1988) and all other costs, loss or losses,
compensation and all direct and/or consequential or inconsequential damages or costs
related to, on account of, or in any way growing out of any action, inaction, occurrence,
or incidences or any and all known and unknown personal losses and/or injuries and
property damage resulting or to result from the actions, inactions, and/or occurrences
relative to her employment with Releasee, as well as any actions or inactions or event or
events that transpired prior to during, or subsequent to the aforementioned damages
received by Releasor that pertain to Releasees arising out of the allegations of the
aforementioned suit.
5. REPRESENTATIONS: This is a compromise settlement for a claim for
damages that resulted from Releasor’s employment with Release, and the events
leading up to and following said the same and all damages received by Releasor, and
the payment on behalf of the Releases herein is not to be construed as an admission of
liability on the part of any person, firm, entities or corporations hereby released, it being
expressly understood that the Releasees herein protest and deny liability in the
premises and affirmatively set forth that this settlement is made only for economic
purposes and reasons.
6. WARRANTIES: The undersigned Releasor hereby expressly covenants
and warrants that she is the sole person entitled to recover as a result of the subject
employment action and that no other party whatsoever has any right or interest in the
claim hereby compromised and settled, whether by assignment, contract, subrogation,
statute, common law, or otherwise, or if any other person is entitled to be reimbursed
any sums as a result of the aforementioned cause, the same will be paid and satisfied
from the consideration mentioned in paragraph 3 above. Releasor agrees to defend,
indemnify, save, and hold harmless and reimburse Releases from any and all expenses
incurred, including but not limited to, attorney’s fees in the event any claim whatsoever
is made by any party whatsoever asserting any right or entitlement to any benefit or
interest in the claim that is the subject matter of this suit and is hereby compromised
and settled. The undersigned and her attorney also agree to hold in trust an amount
2from the settlement proceeds which is sufficient to pay any and all liens and/or
subrogated claims. Moreover, the undersigned expressly agrees to defend and
indemnify the Releasees from any claims made against them by any persons or entities
having a lien and/or a subrogated claim.
7. LIENS: _It is further expressly agreed that any and all unpaid liens
and unpaid subrogated claims, including but not limited to: (1) the liens and subrogated
claims of any and all medical providers, clinics, ambulances, doctors, hospitals,
chiropractors, psychologists, and/or physical therapists; (2) any Medicare and/or
Medicaid liens; (3) any workers’ compensation liens; (4) the liens of any previous
attorneys for the undersigned; and (5) any liens or subrogated claims possessed by any
insurance carrier are the sole liability and responsibility of the Releasor. The
undersigned and her attorney also agree to hold in trust an amount from the settlement
proceeds which is sufficient to pay any and all liens and/or subrogated claims.
Moreover, the undersigned expressly agrees to defend and indemnify the Releasees
from any claims made against them by any persons or entities having a lien and/or a
subrogated claim.
8 ORDER OF DISMISSAL: Releasor hereby covenants that for the
consideration hereinabove recited, the above-styled and numbered cause will be
dismissed with prejudice.
9. CONFIDENTIALITY: The undersigned parties hereby expressly covenant
that they understand that the contents of this agreement are confidential and agree not
to disclose the contents of this agreement, including, but not limited to, the
consideration paid herein, to anyone except Releasor’s immediate family, attorney or
professional tax or financial adviser or Releasees’ attorney, tax advisers or auditors,
with instructions that the disclosure is to remain confidential.
10. ANTIDISPARAGEMENT CLAUSE: Subject to applicable law, each of
the parties covenants and agrees that the parties any of their agents, subsidiaries,
affiliates, successors, assigns, or officers will in no way publically disparage, call in to
disrepute, defame, slander, or otherwise criticize the other parties or such other parties’
subsidiaries, affiliates, successors, assigns, officers or employees in any manner that
would damage the reputation of such other parties, successors, affiliates, assigns,
officers, employees, agents, attorneys or representatives.
11. _ ENTIRE AGREEMENT: This release and the agreement herein contained
constitute the entire agreement between the parties, the terms of which are contractual
and not mere recitals, and Releasor acknowledges that she has read the foregoing
release and agreement and knows the contents thereof and has signed the same of her
own free act and deed and that she did so with the lawful authority of the premises.