Table Of Content

SETTLEMENT AGREEMENT AND RELEASE ‘This Settlement Agreement and Release (the “Agreement”) is entered into as of . November 3, 2018, by and between Jessie Hotta pf FMM he “Paint, and State of New Hampshire, Department of Health and Human Services, Richard Gilbert, and Shane ‘Arsenault the “Defendants"). The Plains or the Defendants may be refered to herein as “Party,” and collectively asthe Parties") WHEREAS, Plaintiff fled a complaint against the Defendants inthe action pending in the United States Distiet Court for the District of New Hampshire, styled as JL p//fof ER. v. State of New Hampshire, Richard Gilbert, And Shane Arsenault, No. 17-00580-PB (D.N.H. 2017) (ihe “Action”, asserting a violation of EAMG cighs violation ofthe — Americans with Disabilities AeURehabiltation Act, and “supplemental state law claims against liber and Arsenault.” WHEREAS, on of about January 11,2018, the Defendants filed an answer tothe ‘complaint inthe Action and asserted affirmative defenses; WHEREAS, the Defendants have denied and disputed, and continve to deny and dispute, any allegations of wrongdoing, damages or lisiliy in the Action; WHEREAS, the Parties participated ina mediation session and, with the assistance of the mediator, reached the settlement that isthe subject ofthis Agreement; WHEREAS, without conceding the merit or lack of mei of any claim or defense or the existence of any liability whatsoever, the Parties wish o sete, compromise, and finally and forever resolve all matters, controversies, disputes, and claims that may exist between Pais and the Defendants relating to the subject matter ofthe Action, or the allegations therein, including the released claims desribed herein, or any claims that could have been brought based on the subjet mater of the Acton. NOW, THEREFORE, in consideration ofthe mutual covenants and promises set forth inthis Agreement, and for other good and valuable consideration, the adequacy and sufisiency of which are hereby acknowledged, the Parties agree a Follows: 1, SETTLEMENT AMOUNT. In consideration ofthe release and dismissal ofthe Plant's claims against the Defendants asst forth herein the Stat shall make or cause to be mode aonetin,lumpsum pment off 5S, 204, 00 (he “Sayin: Amu”, payable to Hiker, egpltin, Slash + Simoneau, BA, Coan) om Tese MMPas phlk 2, DISMISSAL OF THE ACTION. Within three (3) business days after the receipt ofthe payment by the Defendants ofthe Settlement Amount, Plaintiff will ile inthe United States District Court for the District of New Hampshire, neither party docket markings dismissing the Action with prejudice and without an award of fees, costs or expenses to any Patty. 3. GENERAL RELEASE OF ALL CLAIMS, (8) Plaintiff on his or her own behalf, and on behalf of his or her heirs, ‘executors, administrators, successors, and assigns (the “Releasors”), hereby knowingly, S voluntarily, fully, finally, and forever releases, relinquishes, settles, and discharges the Defendants, including any and all present or former employees, agents, representatives, servants, volunteers, independent contractors, officers, officials, directors, attorneys, insures, indemnities, ‘successors, and assigns of the State of New Hampshire, in their individual, business, and ofc capacities (the “State Released Parties") of and from any and all laims, allegations, rights, covenants, causes of action, duties, obligations, demands, actions, debts, sums of money, suits, charges, wontrau's. agreements, promises. judgments, verdicts, costs, damrayes {ireluding, but aot limited to, compensatory, enhanced crmpensury, sod punitive damages}, and “abilities 0 every namure, descuiption, and kx, wether knosen ar Unknown (as defined belo, wloether arising under Rodexe. sare. oc? stator, eanmeruat ye, ar any other donsestic or foreign laws. rule, or regulation, chat cancec, aise ont of, vfer. or1sale im any way to, or are bused upen ang oF Facalleyations, evemts, incident, cts, mates, orscinioer matters, CUTER, ropzesenterions, statements, or omissions alee, involvee, sat forth, or referred to may ‘comapleint fod -n sho Astien (the “Bs! lat the Released Claims shall not se Chis) inclu caine enforce this Agreemert. Petit iepeesens and wozrams 9 the Dotenden!s that sho ns the righnd suthority Ls release, rlingush, sete und discharge the Released inion ce oehalf ofthe Roleasors (@) Paint understands ao atts thatthe scleass contormplacd by ths Agreement extends i claims thal Phun does a0 kesrx of susest Us exist ab the tise of this rclono, which, ifaw, scight have acted the dsson lo efor no he release ("Linke claim 4. ARSPONSIEILDT'Y AND INDEMNIFICATION WITH RESPECT TO LIENS AND OTHER CLAIMS, leintffackaovledgs and agrees tha sh is response or son and 2.1 bills liens statomicnts, cehts of subrogation, oe rcimbuesceent for serviees rondored or payrmar boy amy third party to cither Pla nif, *neleal'ng nub Srniled wi Tegal, insacaacs providers, hospitals, medica’ and bwalth care presides, Medicaid, Medicare, ‘unemployment sompensition, srkers? usmensation, or any other Services oe payments, shi exist ry exis, or in the Eature rauy exis as nesull of The Releused Clgims. the event Pat sy such thivd purty sssors any claim against way State Released Pory for oucatending hills, Tens, statements, rights of subragatian, or reimbursement tor serviees vendoted ot payments ‘made to vider PlaintifPby suc chird party, as «result of the Released Claims, ren Plaintift agree to indermify, clefend, and hold hurmless any State Released Pat for aay such clams, The Detenants ropreseit baat wo Medica jo exists. and if one dacs exist she Slats kerehy vwsives sid len 5. RESPONSIBILITY AND LNDEMNIEICS TION WITH RESPECT TO TAX TREATMENT, Plains acknowlenges ans agices that suoulé -he consideration sel “wil ahwive, ir uny part Unereot,e subject teary taxes, penalties, or interest, Plant shall be saicly reaponstale for tho pxyment of all suck laxes, poetics, or fnterest, Plan Fether age ‘lly faclemeity and defend the State Released Parti from any slairas of amy nature seekiry recovery olany such taxes, petllies, ine Dlaintfffurber apeces chat she will not assert, File, or maice any elas ayes the Slate Ree Pune foray suv tones, yenalces, of invevest of fox any vosts, fees. or axzenses that ke wu she may “ncur in conacetion with any isputes with the Internal Revenue Service undlur say olher tux authority 6. NO ADMISSION OF WRONGDOING. orhiny in this Agzeesrenl er ie fumishing of the consideration for this Ageeement shall be const-ued 15 an adiission by the DDetendants af any ability or uelawtl conduet intsaever, Plaintiff acknawledges that the Defendants ‘ave consistently den tnd eomtinue to deny, any ations of wrangsoing. This Agreement isnot intended to be used and shall nor ko used 8 e or zor acy other purpese in any exher action o¢ pa semen. eveding thes thar to enforce the terns a this A 7. DISCLOSURE. 2IaintifT acknowledges tat this Agroemten: is spbjoe: to NH. Rew, Stat, Ain $507.07 and NM. Rov. Stat Aun, £91-A:41 V0. ard may’ be ele available ws imattor of public tecotd ie accordance therewith, K ATTORNEY S" FEES AND EXPENSES, The Prrvies agree tha: the SetDenesr Amount constitutes tho emie payment le be made in seltlemnent uf Painttf's clans against che Defendants inthe Actioe.” No Panty’ shal sees ca -ecever any additional armours Fam any her Party, including for rhe atiomeys" fees, cosls, an expenses in soresction with all matters related cathe Action and its settlement. 5, CONSTRUCTION. tn executing this Agreoment, Planti! acknowledges that thig Agreemeor is the zesut of ne henwven Paictit sitions in good faith av al aes le 4nd the Defendants. Pla‘mtiff turer acknowledges that she has executed this Agreerment Inowinyly, voluntnsly, and withuut undae inlmee or duress. According the terms, provisions andl eandiioms of this Azrecrvon! shall be terpre‘el nd wenseust in accondanee vwita eis nocal and castomary meat.ngs,withovt appcation of any vals of inlepretaen or soostuctinn pvidieg that ambigcous ot coaflsting terms, conditions, or provisions shalt 2¢ irverpreved ngeinst the Party whose legal couisel prepired ike exeu teal vers or any prior rats of tho agreement 1G, ENTIRE AGREEMENT. The Piste sanawlecge auc apeee that this Agreement cansttutes thy fll nd cemp'ele agreement hetween ancl annong.the Parties with respect tothe matters encompas sed herein and supersedes all provious agreemouts. proucises, proposals, eepresentutivns uralertundings, and negotiations, whelher writen or ocul, hetween and among the Parkes respecting, the ters encampasscl herein, 11, AUTHORITY, Plairtif represorts and warsants that (2) she bas hs and exclusive autbority.to execute this Agreement. ari 1b) she hue cpt sod, assigned, tsunsferred, ir lherine enn ands, actions, suits, debts, causes of ed any of The claims, action, or Tnhil.tins referad tain tvs Agroernout Maimidf'aecaow/eelges that che has eateflly reall this Ayreemen, knows and undescands hs co: cals hd te eppariaity ty esl ‘wth counse, of or choice eancersing the Ioge] consequsnec ofthis Agreement, Male signs this Agesment volunialy and fey, without duress and as his orler ow free ae. No romnise co ndusenens thet fs uot expuessed in his Agreervent as been made to Prul® Me.nifeas nol rein unin the advice or representations of the Detordants or any representative herepri cxcenting his Agrezment 32. BINDING AGREE ENT, This Agreement is hinding upon aad inwves to the Frenefil of the Purtios, sheirs.weessars, and assigns. Ezch person sigaing this Agfoement or any pertion hetoof on behal? of any Penty hereby warrants und represerts that Such pe wi expres has boon author zed to execut> his Agreement on behal” of such Panty se Anum leyally Finding on such Parly, und that such person has all suthority 0 take all sach reasonable, nnocessary, and epproprisie aesions that may be toyuired ar permitted ly be taken 9.cs. ant t0 te Agoomeat to effoeteats its towns. 13. MODIFICATION. This Agreemen.shull not be altered, amended, modified o1 roseinded except by am isteuiient in rising signed ay eau oC the Parties, er€ specifically refer ng this Agieemert 14. SIGNATURES IN COUNTERPART. This Agreemen: may be executed simultaneously in coasts, cach oF which shal” be deemed to he nr original, bul all I yhiel shall constitute one ané the same instrumen:. Signatures by facsimile or othr els sonic tusging shall he sed én cist luleciyinal siymaunres [. GOPERNING LAWENLISDICTION, This Augsoment, and any dignrss spate thereto, shall be govered by the law af the State of Now Haropsbiie, and dhe Pasties expressly submit any claim arising therefrom tothe exclusive jurisdition ofthe Superior Court ‘ofthe State of New Hampshire 16. HEADINGS. The headings herein are incnded forthe purpose of convenience only and are not meant have legal effect. Words used herein, regardless ofthe number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context indicates is appropriate ACCEPTED AND AGREED: State of New Hampshire, Department of Health and Human Services, Richard Gilibert, ‘and Shane Arsenault ‘The Office of the Attorney General, pursuant to N.H, Rev. Stat. Ann, § 99-D:2 wy A ae WLLL Francis Fredericks