SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement and Release ("the Agreement") is entered in effect as
of November 20, 2019, by and between Human Rights Defense Center and
Marshall County, Tennessee.

WHEREAS, all claims have been presented or otherwise could have been
presented by the Settling Parties against one another in case number i;i9-cv-ooo3i
filed in the United States District Court for the Middle District of Tennessee,

regardless of how designated, shall hereafter be referred to collectively as the same "the
Legal Action" since all such claims and allegations relate to and arise from the same
allegations; and,
WHEREAS, as a result of the negotiations of the parties, the Settling Parties
compromised and settled any and all claims existing or which could exist between the
parties to the litigation related directly or indirectly to the Legal Action. Additionally,
in order to avoid further expense, time, effort and uncertainty with regard to all claims
and allegations of the Legal Action, these parties have reached a settlement as
enumerated below; and

WHEREAS, no Settling Party acknowledges or admits any liability to the other,
and the Settling Parties agree that this settlement cannot and should not be deemed an
admission of liability but rather should be considered to be a compromise of disputed
and doubtful claims;

THEREFORE, in consideration of the mutual promises contained herein and

other good and valuable consideration, the Settling Parties hereby agree as follows:
1.
Settlement Terms. In full satisfaction and settlement of any and all
claims that could have been brought in the Legal Action (specifically including, but not
limited to those claims brought or that could have been brought as a Counterclaim
and/or Crossclaim or some other designation), the Settling Parties agree that all
disputes and claims between the Settling Parties are now resolved and the following
settlement terms shall be performed in accordance with the agreement reached:
(a)

Local Government Property and Casualty Fund, on behalf of
Marshall Counly, Tennessee, agrees to tender a check payable
to Human Rights Defense Center, for the sum of Eighty
Thousand Dollars ($80,000.00) in payment of damages and
attorney fees to settle and voluntarily dismiss with prejudice all
claims against all defendants.

(b)

No other sum or monetary compensation shall be due from any
party to the other as a result of any of the allegations, act or
omissions alleged in any of the claims related directly or indirectly
to the Legal Action and each party shall bear their own additional

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mediation expenses, litigation expenses or costs, and/or attorney
fees.

(c)

The parties agree to adopt the terms of the Stipulated preliminaiy
injunction dated July 23,2019 as a permanent injunction.

Release.

(a)

Human Rights Defense Center: In consideration of the
payment of the Settlement Amounts in Section 1 hereof, the
compromise and settlement of the Legal Action and other good and
valuable consideration. Human Rights Defense Center does
hereby release and forever discharge all officers, directors,
attorneys,
agents,
representatives,
employees,
insurers,
predecessors and successors in interest, and assigns of Marshall
County, Tennessee, all other defendants, any and all other
persons, firms or corporations with whom any of the former have
been, are now, or may hereafter be affiliates, of and firom any and
all claims, demands, obligations, actions, causes of action, rights,
damages, costs, expenses and compensation of any nature
whatsoever which Aese Settling Parties could, shall or may
hereafter have, own or hold against such released parties, by reason
of any matter, cause, fact, thing, act or omission whatsoever arising
directly or indirectly out-of, based upon, or relating to the Legal
Action. This Agreement shall be a fiilly binding settlement
between the Settling Parties.

3.
Dismissal of All Claims with Preiudice. Within five (5) days of the
receipt of the funds and execution of this agreement, the plaintiff shall file or approve
for filing a Stipulation of Dismissal dismissing the entire legal action described above
with prejudice,

4.

Modification. The terms of this Agreement may neither be modified

5-

Entire Agreement. This Agreement constitutes the entire settlement

nor be cancelled except pursuant to a written agreement executed by the Parties hereto
evidencing the modification or termination of the Agreement,

agreement and understanding between the Parties concerning the subject matter hereof
and supersedes and replaces all prior negotiations, proposed settlements and any other
written or oral agreements related thereto. The Settling Parties intend that this shall be
a full and final general release of all claims between the Settling Parties related directly
or indirectly to the events and transactions described in the Legal Action. The Settling
Parties fully intend to cease and dismiss aH litigation that may exist by and between the
Settling Parties concerning or related in any way to the events and transaction described
in the Legal Action. Each of the Settling Parties agree and covenant not to sue any
other Settling Party or parties to the Legal Action for damages, contribution or

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indemnification or otherwise seek to collect money from the other in any way related to
the allegations described in the Legal Action.
6.

Advice of Counsel.

The Parties to this Agreement understand,

represent and warrant that each enters into this Agreement upon the legal advice of
their own attorneys, that said attorneys have explained fiilly the terms of the Agreement,
and that each party has read, fiilly understands, and knowingly and voluntarily accepts

the terms ofthis A^eement.
7.
Full Authority. The signatories to this Agreement who sign on behalf of
another hereby warrant that they have the full authority to sign on behalf of that person
or entity.

8.
Tennessee Law Governs. This Agreement is executed and delivered
within the State of Tennessee and all rights, duties and obligations of the Parties
hereunder shall be construed and enforced in accordance with the laws of the State of

Tennessee applicable to such agreements.

Notwithstanding the above, the district

court shall retain jurisdiction to enforce the terms of the permanent injunction under
the authority of Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375,
381-82 (1994).

9.
Counterparts. This Agreement may be executed in one or more
counterparts. All executed counterparts, and each of them, shall be deemed to be one
and the same instrument. For purposes of signing this Agreement, a fax signature will
be deemed equivalent to an original signature. Thereafter, the Parties to this
Agreement shall exchange original signed counterparts.

10.
Construction. This Agreement or any uncertainty or ambiguity herein
shall not be construed against any party but shall be construed as if all parties to this

Agreement jointly prepared this A^eement.
11.
Severabilitv. If any portion or provision of this Agreement is held or
adjudicated to be invalid or unenforceable for any reason, each such portion or
provision shall be severed from the remaining portions or provision of this Agreement,
and the remaining portions or provisions shall be unaffected.

12. No assignment. The parties to this Agreement acknowledge, represent
and warrant that they have not assigned, sold, transferred, or otherwise disposed of any
of the claims released herein.

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STATE OF FLORIDA
COUNTY OF PALM BEACH

)
)
)

Before, me the undersigned, a Notary Public in and for the County and State
aforesaid, personally appeared Paul Wright, with whom I am personally acquainted
(or proved to me on the basis of satisfactory evidence), who acknowledged he executed
the foregoing instrument by for the purposes therein contained.

Kalhy Moms

Paul Wright

NOTARY PUBUC

Name

STATE OF FLORIDA
Comn#00030^

Expires 9/14/2020

Executive Director. HRDC

Title

Sworn to and subscribed before me this the

/3 day of

Notary Publi
My commission expires:

FB689843/

LGPC6293

1

^ 2020.