Kinsey Law Offices 
Compromise Agreement
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Compromise Agreement

This compromise and settlement agreement is made by and between __________ [name of claimant], (who will be referred to as plaintiff), whose address is __________, and __________[name of party against whom claim is made], (who will be referred to as defendant), whose address is __________.

The parties stipulate to the following:

1. Plaintiff asserts a claim against defendant based on __________ [identify dispute by describing pertinent facts].

2. An action based on this claim is now pending in the Superior Court of __________ County, case number __________, with plaintiff represented by attorney __________, and defendant represented by attorney __________.

3. Defendant denies any liability in connection with the alleged claim.

4. The parties wish to reach a full and final settlement of the action and all matters arising from the dispute described above.

Therefore, in consideration of the mutual promises set forth, the parties agree to the following:

a. Defendant will pay to plaintiff $__ [on execution of this agreement or as the case may be].

b. Plaintiff will execute a Request for Dismissal, dismissing the pending action with prejudice, and deliver this to the defendant [on execution of this agreement or as the case may be].

c. Each party releases the other from all rights and claims that they may have against the other arising from the dispute described above.

d. This agreement is a compromise of a disputed matter and may not be construed as an admission of any party's liability.

e. This agreement was the result of a negotiated settlement and may not be construed as having been prepared by any one party.

f. In the event any action is instituted to enforce the provisions of this agreement, the prevailing party will be entitled to recover attorney fees.

g. This agreement is intended to bind and benefit the parties, their heirs, agents, legal representatives, assigns, and successors in interest.

Dated _________

 

______________________________
[Signature of Plaintiff]

   
Dated _________ ______________________________
[Signature of Plaintiff's Atty.]
   
Dated _________ ______________________________
[Signature of Defendant]
   
 Dated _________ ______________________________
[Signature of Defendant's Atty.]
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