Sample Settlement Agreement - Wrightslaw

which the District now owns or holds, or may at any time hereafter own orhold.17. Releases Do Not Affect Enforceability. The releases set forth above donot apply to any disputes that may arise by reason of acts or omissionsoccurring after the date of execution of this Agreement. It is understoodthat no aspect of this Agreement shall release, (or is intended to release orwaive any right or remedy against) any Party from liability for any post-Agreement new wrongful acts or omissions, including independent torts,unrelated to the provisions of this Agreement.ENFORCING THE SETTLEMENT AGREEMENT18. Enforcement of Settlement Agreement Reached at Resolution Session ORSettlement Agreement Reached Through Mediation. This Agreement wasreached at a Resolution Session and is enforceable in state or federal courtpursuant to 20 U.S.C. § 1415(f)(1)(B)(iii). OR This Agreement wasreached through mediation and is enforceable in state or federal courtpursuant to 20 U.S.C. § 1415(e)(2)(F)(iii).19. Attorneys’ Fees for Enforcing Agreement. In the event that any of theParties hereto brings any action or proceeding to enforce this Agreementor any provision thereof, the “prevailing party” (as determined by thecourt) in such action or proceeding will be entitled to recover from theother Party, reasonable attorneys’ fees and costs, including court costs,expert witness fees, and other necessary costs, whether or not such actionor proceeding is prosecuted to Judgment, as shall be fixed by the court.CONFIDENTIALITY20. Confidentiality. The Parties acknowledge and agree that this Agreement isthe product of negotiations that took place in connection with aconfidential mediation within the meaning of 20 U.S.C. § 1415(e)(2).[OR]Confidentiality.The Parties acknowledge and agree that this Agreementand all settlement negotiations have been and shall remain confidential.20.1. All Discussions and Documents Confidential. The Partiesacknowledge and agree that all discussions (including, any admissionmade), and any documents prepared in the course of, or pursuant to,Page 6 of 11Parents’ Initials___________District’s Initials__________

22.6. Each Party is fully aware of the legal and binding effect of thisAgreement, and signs the same of their own free will; and,22.7. Each Party who is a signatory hereto is of competent and soundmind.23. Full Cooperation in Consummating Agreement. Each Party to thisAgreement shall cooperate fully in the execution of any and all otherdocuments and the completion of any additional actions that may benecessary or appropriate to give full force and effect to the terms andintent of this Agreement.24. No Admission of Liability. This Agreement is not, and shall not beconstrued as, an admission of liability, fault, or wrongdoing of any kind byany Party.25. No “Prevailing Party.” Except as otherwise provided in this Agreement,the Parties, and each of them, agree to bear their own attorneys’ fees andcosts, and no Party shall be deemed to be a “prevailing party.”26. Interpretation. The language and terms of this Agreement are to beunderstood in their ordinary sense (except where otherwise defined) andare not to be interpreted in a technical manner so as to unfairly deprive anyParty of substantive rights. Whenever the context may so require, themasculine gender shall be deemed to refer to and include the feminine andneuter, and the singular to refer to and include the plural, and vice versa.27. Not to be Construed as Drafted by One Party. The text of this Agreementis the product of negotiation among all the Parties and is not to beconstrued as having been prepared by one Party or the other Party, butshall be construed as if all Parties jointly prepared this Agreement, and anyuncertainty or ambiguity shall not be interpreted against any one Party.28. Entire Agreement. This Agreement contains the entire Agreementbetween the Parties, and supersedes any prior agreements concerning thesame subject matter. No representations, oral or otherwise, express orimplied, other than those contained herein have been made by any Partyhereto.29. Modification by Writing Only. This Agreement shall not be modified byany Party by oral representation made before or after the execution of thisAgreement. All modifications must be in writing and signed by all of theParties hereto.Page 9 of 11Parents’ Initials___________District’s Initials__________

30. Authority to Enter Agreement. Each Party warrants that the personsigning this Agreement is authorized and empowered to sign thisAgreement on its/his/her behalf, and to bind such Party to the terms of thisAgreement.31. No Prior Assignment of Rights. The Parties, and each of them, representand warrant that no other person or entity has claimed or now claims anyinterest in the subject matter of this Agreement, and that each such Partyhas the sole right and exclusive authority to execute this Agreement, andthat they have not sold, assigned, transferred, or otherwise set over to anyother person or entity, any claim, lien, demand, cause of action, obligation,damage, or liability covered thereby.32. Binding Upon Successors and Assigns. This Agreement shall bind theheirs, legal successors, personal representatives, successors, and assigns ofeach Party, and inure to the benefit of each Party and its/his/her attorneys,agents, directors, trustees, officers, employees, servants, successors andassigns.33. No Third Party Beneficiaries. This Agreement is not for the benefit of anythird party that is not referred to herein and shall not be deemed to giveany right or remedy to any such third party.34. Severability of Terms. If any provision of this Agreement is held to beinvalid or unenforceable by a court of competent jurisdiction, thatdetermination shall not invalidate or render unenforceable any otherprovision of this Agreement.35. Execution in Counterparts. This Agreement may be signed incounterparts, such that signatures appear on separate signature pages. Acopy or original of this document with all signature pages appendedtogether shall be deemed a fully executed Agreement. Copies orfacsimiles of signatures are the equivalent of original signatures.36. Effective Date. This Agreement shall be deemed fully executed andeffective when it has been signed by all of the Parties.Page 10 of 11Parents’ Initials___________District’s Initials__________

SIGNATURESThe undersigned declare that they have read this document consistingof 10 pages (including signature pages, and excluding exhibits) andunderstand its terms and freely enter into this Agreement.Dated: By: ______________________________John Jones, individually, and onbehalf of Steven JonesDated: By: ______________________________Mary Jones, individually, and onbehalf of Steven JonesDated: By: ______________________________Edna Educator, Director of Special EducationLocal School DistrictPage 11 of 11Parents’ Initials___________District’s Initials__________