Settlement Agreement Validity Check

SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release (hereinafter referred to as "the Agreement") is made and entered by and between Equifax Information Services, LLC and Equifax Inc. (collectively "Equifax"), on the one hand, and Jason Christopher Long ("Long") on the other hand. Equifax and Long are collectively referred to herein as ("the Parties") and individually as ("Party"). RECITALS A. WHEREAS, Long has filed a lawsuit against Equifax, styled Jason Christopher Long v. Equifax Corporation, Case No. * SC3 * in the D.C. Superior Court claiming violations of the Fair Credit Reporting Act (the "Lawsuit"). B. WHEREAS, at all times Equifax has disputed and disputes Long’s allegations in the Lawsuit, and has denied any wrongdoing whatsoever. Equifax denies that Long is entitled to any form of damages or relief. C. WHEREAS it is now the desire of the Parties and any of their respective representatives to compromise, settle and release all claims of whatever kind or description which the Parties and their respective representatives may have against each other and to effect a total resolution and compromise of all such disputes; NOW, THEREFORE, for and in consideration of the recitals, which are incorporated into this Agreement and the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties agree as follows: TERMS *. Purpose of the Agreement This Agreement is entered into in good faith for the purpose of settling completely all claims by and between the Parties that are alleged, or in any way relate to, the Lawsuit. Neither this Agreement nor any of its terms is admissible in any proceeding between the Parties, except a proceeding to interpret or enforce its terms, or pursuant to the other terms and conditions herein. Each Party acknowledges that this Agreement effects, among other things, the settlement of claims which are denied and contested by the other Party, and that nothing contained herein shall be construed as an admission of liability or wrongdoing by or on behalf of any Party, all of which liability is expressly denied. This Agreement may not be used as evidence of liability in any civil proceeding. *. Representations and Warranty a. Other than the Lawsuit, the Parties represent that they have no pending claims seeking monetary or injunctive relief against the other Party, any affiliated or related companies or divisions, predecessors, successors or assigns, officers, directors, shareholders, attorneys, agents and employee or former employee based on any event(s) occurring prior to execution of this Agreement. DocuSign Envelope ID: 5FCEDC74-BCC4-*-BE84-CCA3E892180F * b. Each party represents and warrants to the other Party that it has not assigned or subrogated any of said rights, claims and causes of action released hereunder, including any claims referenced above, or authorized any person or entity to assert such a claim or claims on its' behalf, and agree to indemnify and hold the other party harmless against any assignment or subrogation of said rights, claims and/or causes of action. *. Settlement Equifax agrees to issue a check to Customer in the amount of $*,* to be sent to: Jason Christopher Long at the addressed listed on the attached W-*, within thirty (*) business days of Equifax receiving: (i) a fully executed counterpart of this Agreement from Long, (ii) a completed W-* form from Long and (iii) receipt of the attached executed Stipulation of Dismissal via email or DocuSign. *. Mutual Release of Claims Except for the obligations, covenants, representations and warranties set forth in this Agreement, the Parties hereby release, acquit and forever discharge each other, and their respective (where applicable) present and former officers, directors, shareholders, owners, partners, joint venturers, parents, subsidiaries, affiliates, managers, members, employees, agents, accountants, assigns, insurers, predecessors, attorneys, heirs, executors, administrators and representatives from any and all causes of action, claims for relief, lawsuits, charges, complaints, debts, liens, contracts, agreements, promises, liabilities, demands, damages, losses, rights, benefits, obligations, criminal restitution, attorneys' fees, costs or expenses of any kind or nature whatsoever, in law, equity or otherwise, whether known or unknown, whether or not fixed or contingent, whether or not pending before a court, administrative agency, government authority, or otherwise, which arise out of or in any way are related to actions that were alleged or could have been alleged in the Lawsuit or in any civil action between the Parties. *. Confidentiality The Parties each agree that they will not, without compulsion of legal process, disclose to any third party, any of the terms of this Agreement, including the existence of and/or the settlement amount. In the event of inquiry regarding the terms of the Agreement, the Parties may respond that this matter was resolved to the satisfaction of the Parties. The Parties agree not to make negative statements about, or act in any manner that is detrimental to the goodwill or business reputation of the other Party or any of its affiliates. The Parties each further agree that, in connection with any proposed disclosure under compulsion of legal process, the Party receiving the legal process shall inform the third party initiating the legal process of the existence of this covenant and advise the other Party of the existence of the legal process in sufficient time in advance to permit that other Party to object and assert the protections of this covenant. In the event Long is forced to file this Agreement with a court, she shall do so under seal so that the contents are not revealed beyond disclosure to duly authorized court personnel, such as judges and court clerks, or to taxing authorities, if necessary, or as otherwise ordered by the court. DocuSign Envelope ID: 5FCEDC74-BCC4-*-BE84-CCA3E892180F * *. Additional Documents The Parties agree to execute and deliver such other and further instruments, documents and papers, and shall perform any and all acts necessary to give full force and effect to all of the terms and provisions of this Agreement. *. Notice All notices and communications under this Agreement shall be in writing to the respective persons named below: For Long: Jason Christopher Long * Fairmont St., NW #* Washington, D.C. * For Equifax: Alexandra Brooks Polsinelli PC * I Street NW, Suite * Washington, D.C. * email: abrooks@polsinelli.com *. Severability The Parties agree that this Agreement is enforceable. If any portion of this Agreement is found to be illegal or unenforceable, such action shall not affect the validity or enforceability of the remaining paragraphs or subparagraphs of this Agreement. *. Attorneys’ Fees and Costs Each Party shall bear his or its own attorneys' fees, costs and expenses that it has incurred in connection with or arising out of the matters set forth in the Recitals above, and the matters and claimed released hereunder, and hereby waives the right to recover said attorneys' fees, expenses or costs from any other Party hereto. In the event of any dispute or breach arising out of this Agreement, the prevailing party shall be entitled to recover all of its reasonable attorneys' fees and costs incurred or sustained related thereto. *. Execution and Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronically transmitted signatures shall have the same force and effect as original signatures. *. Amendment or Modification Any amendment or modification of this Agreement must be in writing and signed by the Parties. *. Governing Law This Agreement shall be construed according to the laws of the District of Columbia. DocuSign Envelope ID: 5FCEDC74-BCC4-*-BE84-CCA3E892180F * *. Entire and Final Agreement; Waiver This is the entire Agreement between the Parties and supersedes any previous negotiations, agreements and understandings concerning this subject matter and any allegations set forth in the Lawsuit. The Recitals are hereby incorporated fully as an integral part of this Agreement. The failure to enforce any provision of this Agreement shall not be construed to be a waiver of such provision or to affect either the validity of this Agreement or the right of any party to enforce this Agreement. This Agreement shall be fully binding upon and enforceable with respect to the Parties and their respective heirs, representatives, partners, successors, executors, assigns, agents, directors, officers, shareholders, insurers and representatives. Should any provision of this Agreement be held invalid or illegal, such invalidity or illegality shall not invalidate the whole of this Agreement, but, rather the Agreement shall be construed as if it did not contain the invalid or illegal part, and the rights and obligations of the Parties shall be construed and enforced accordingly. DocuSign Envelope ID: 5FCEDC74-BCC4-*-BE84-CCA3E892180F * THE SIGNERS HAVE CAREFULLY READ THIS ENTIRE AGREEMENT. THE SIGNERS FULLY UNDERSTAND THE FINAL AND BINDING EFFECT OF THIS AGREEMENT. THE ONLY PROMISES MADE TO ANY SIGNER ABOUT THIS AGREEMENT, AND TO SIGN THIS AGREEMENT, ARE CONTAINED IN THIS AGREEMENT. THE SIGNERS ARE SIGNING THE AGREEMENT VOLUNTARILY. PLEASE READ CAREFULLY: THIS SETTLEMENT AGREEMENT AND RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS RELATED TO THE LAWSUIT AS DEFINED HEREIN. IN WITNESS WHEREOF, the Parties hereto have executed this Settlement Agreement and General Release. DATED: August ___, * –––––––––––––––––––––––––––– Equifax Information Services LLC and Equifax, Inc. DATED: August ___, * ___________________________