SETTLEMENT AGREEMENT AND RELEASE
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Exhibit 10.1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
| MID-CONTINENT CASUALTY COMPANY | § | |||
| § | ||||
| Plaintiff, | § | |||
| § | ||||
| VS. | § | C.A. NO. 4-06cv-434-A | ||
| § | ||||
| XXXX PETROLEUM, INC., W.O. ENERGY | § | |||
| OF NEVADA, INC., W.O. OPERATING | § | |||
| COMPANY, LTD. AND W.O. ENERGY, INC. | § | |||
| § | ||||
| Defendants. | § |
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (the "Agreement") is made and entered into by MID-CONTINENT CASUALTY COMPANY, its assigns, predecessors, or successors in interest, parent and sister companies, owners, stockholders, reinsurers, officers, directors, partners, subsidiaries, affiliates, agents, representatives, servants, employees and attorneys, (collectively "MID-CONTINENT") and XXXX PETROLEUM, INC., its assigns, predecessors, or successors in interest, parent and sister companies, owners, stockholders, officers, directors, partners, subsidiaries, affiliates, agents, representatives, servants and employees, W.O. ENERGY OF NEVADA, INC., its assigns, predecessors, or successors in interest, parent and sister companies, owners, stockholders, officers, directors, partners, subsidiaries, affiliates, agents, representatives, servants and employees, W.O. OPERATING COMPANY, LTD., its assigns, predecessors, or successors in interest, parent and sister companies, owners, stockholders, officers, directors, partners, subsidiaries, affiliates, agents, representatives, servants, employees limited partners and general partners, WO ENERGY, INC., (incorrectly identified as W.O. Energy, Inc. in the Caption of the above-referenced C.A. NO. 4-06cv-434-A) its assigns, predecessors, or successors in interest, parent and sister companies, owners, stockholders, officers, directors, partners, subsidiaries, affiliates, agents, representatives, servants and employees, LADDER ENERGY COMPANIES, INC., its assigns, predecessors, or successors in interest, parent and sister companies, owners, stockholders, officers, directors, partners, subsidiaries, affiliates, agents, representatives, servants and employees, and SQUARE ONE ENERGY, INC., its assigns, predecessors, or successors in interest, parent and sister companies, owners, stockholders, officers, directors, partners, subsidiaries, affiliates, agents, representatives, servants and employees, (hereinafter collectively referred to as "XXXX").
WHEREAS, MID-CONTINENT issued a commercial general liability policy of insurance to XXXX, Policy No. 04-GL-000594906, for the term commencing July 1, 2005 and expiring July 1, 2006 with a general aggregate limit of $2,000,000 and a per occurrence limit of $1,000,000 (the "Primary Policy");
WHEREAS, MID-CONTINENT issued a commercial excess policy of insurance, Policy No. 04-XS-139536, for the policy term commencing July 1, 2005 and expiring July 1, 2006 with an aggregate coverage limit of $5,000,000 (the "Excess Policy");
WHEREAS, beginning on or about March 12, 2006, a fire or fires (the number of fires is in dispute) began in the Texas Panhandle area allegedly destroying real property and improvements, allegedly resulting in the loss of human life and causing bodily injuries to others, and allegedly injuring or killing livestock and wildlife (the "Wildfires");
WHEREAS, XXXX was served with the petition in the lawsuit styled Cause No. 9840; The Xxx X. and Xxxx Xxxxxxx Trust, et al. x. Xxxx Petroleum, Inc. et al.; In the 100th Judicial District Court of Xxxxxx County, Texas (the "Xxxxxxx Ranches Lawsuit") on or about March 24, 2006, and XXXX tendered the Xxxxxxx Ranches Lawsuit to MID-CONTINENT on or about March 27, 2006, and demanded defense and indemnity;
WHEREAS, several other lawsuits were subsequently filed against XXXX as identified below, and are hereinafter referred to as the "Underlying Lawsuits:"
- (a)
- Cause
No. 1922; Xxxxxx and Xxxxxx Xxxxxx, et al. x. Xxxx Petroleum, Inc. et al.; In the 00xx Xxxxxxxx
Xxxxxxxx Xxxxx xx Xxxxxxx Xxxxxx, Xxxxx;
- (b)
- Cause
No. 1920; Xxxxxx Xxxxx Xxxxxxxxx and Xxxx Xxxxxxxxx x. Xxxx Petroleum, Inc. et al.; In the 31st
Judicial District Court of Xxxxxxx County, Texas;
- (c)
- Cause
No. 1923; Xxxxxx Family Partnership Ltd. x. Xxxx Petroleum, Inc. et al.; In the 00xx Xxxxxxxx
Xxxxxxxx Xxxxx xx Xxxxxxx Xxxxxx, Xxxxx;
- (d)
- Cause
No. 1928, Xxxxxxx Xxx Xxxxxxxx, As Next Friend of Xxxxx X. Xxxxxxxxxx, Minor Daughter as a Legal Heir of Xxxxxxx Xxxxxxxxxx, Deceased, et al., x.
Xxxx Petroleum, Inc., et al,; In the 31st Judicial District Court of Xxxxxxx County, Texas;
- (e)
- Cause
No. 1931, Xxxxxxx Xxxxxxxxx, Individually and on Behalf of, the Estate of Xxxxxxx Xxxxxxxxx x. Xxxx Petroleum, Inc., W.O. Energy of
Nevada, Inc., W.O. Operating Company, Ltd., W.O. Energy, Inc.; In the 000xx Xxxxxxxx Xxxxxxxx Xxxxx xx Xxxx Xxxxxx, Xxxxx; and
- (f)
- Cause No. 2006CVE000964D1; Xxxxxxxxx, et. al. x. Xxxxx Transportation Co, et. al. x. Xxxx Petroleum, Inc., et al.; In the 49th Judicial District Court of Xxxx County, Texas, transferred to the 223rd Judicial District Court of Xxxx County, Texas.
WHEREAS, XXXX PETROLEUM, INC., W.O. ENERGY OF NEVADA, INC., W.O. OPERATING COMPANY, LTD. and WO ENERGY, INC. tendered the Underlying Lawsuits to MID-CONTINENT for defense and indemnity;
WHEREAS, a dispute arose between MID-CONTINENT and XXXX concerning the coverage under the Primary Policy and the Excess Policy for claims and lawsuits associated with the Wildfires (the "Dispute");
WHEREAS, on June 20, 2006, MID-CONTINENT filed a declaratory judgment action against XXXX styled C.A. No. 4:06-cv-434-A; Mid-Continent Casualty Company x. Xxxx Petroleum, Inc., W.O. Energy of Nevada, Inc., W.O. Operating Company, Ltd., and W.O. Energy, Inc.; In the United States District Court for the Northern District of Texas, Fort Worth Division, and on October 16, 2006, Xxxx Petroleum, Inc., W.O. Energy of Nevada, Inc., W.O. Operating Company, Ltd. and WO Energy, Inc. filed Defendants' Answer to Plaintiff's First Amended Complaint and Request for Declaratory Judgment and Original Counterclaim (the "Litigation").
MID-CONTINENT and XXXX desire to enter into this Agreement in order to reach a full and final settlement of any and all claims and disputes between the parties, upon the terms and conditions set forth herein.
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MID-CONTINENT and XXXX for the good and valuable consideration set forth in this Agreement, agree to release, settle and compromise any and all claims and disputes of any nature and kind whatsoever against one another as set forth in the terms and conditions of this Agreement.
Mid-Continent agrees to the consideration set forth as follows:
- (a)
- MID-CONTINENT agrees to pay XXXX PETROLEUM, INC. on behalf of all
named insureds the $1,000,000 policy limits of the Primary Policy.
- (b)
- MID-CONTINENT agrees to pay XXXX PETROLEUM, INC. on behalf of all
named insureds the $5,000,000 policy limits of the Excess Policy.
- (c)
- MID-CONTINENT agrees to pay XXXX PETROLEUM, INC. on behalf of all
named insureds $500,000 for future defense costs;
- (d)
- MID-CONTINENT agrees to pay XXXX PETROLEUM, INC. on behalf of all
named insureds $144,000 in settlement of the $206,407.44 in unpaid invoices identified on the attached Schedule "A."
- (e)
- MID-CONTINENT agrees to pay directly to the vendors all reasonable and necessary litigation related expenses incurred
through December 21, 2006 that are or have been approved by Xxxxx Xxxxxxxxxxx, and that do not appear on the attached Schedule "A."
- (f)
- MID-CONTINENT agrees to pay XXXX PETROLEUM INC. on behalf of all named
insureds all reasonable and necessary attorneys fees and costs of Xxxxxx and Xxxxx, LLP and Sherwood and Sherwood through December 21, 2006 for work approved by Xxxxx
Xxxxxxxxxxx at the rates previously applied by MID-CONTINENT, and that do not appear on the attached Schedule A", plus an additional $55,827
for disputed attorneys' fees during the first forty five days after March 12, 2006.
- (g)
- MID-CONTINENT agrees to pay directly to Xxxxxxxxxxx, XxXxxxx all reasonable and necessary attorneys fees and costs of
Xxxxxxxxxxx, XxXxxxx through December 21, 2006.
- (h)
- MID-CONTINENT agrees to be solely responsible for any amounts due to the Peterson, Farris, Xxxxxx and Xxxxxx law firm.
MID-CONTINENT shall make and deliver payment of these amounts in good and payable U.S. funds to XXXX PETROLEUM, INC. on behalf of all named insureds within twenty business days of XXXX'x execution and delivery of this Agreement to MID-CONTINENT.
XXXX hereby acknowledges and agrees that the Release set forth in this Agreement is a release of MID-CONTINENT from any and all obligations it has under the Primary Policy and the Excess Policy for any and all claims or litigation related to the Wildfires. Except as provided in this Agreement, by entering into this Agreement, XXXX agrees that MID-CONTINENT is relieved of any and all responsibility under the Primary Policy and the Excess Policy for the Wildfires.
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XXXX further releases MID-CONTINENT from any and all obligations, claims, liens, demands, controversies, actions or causes of action, of whatever kind and nature, known or unknown, for or relating to attorney's fees relating to the Wildfires, except as specifically stated in paragraph III of this Agreement, including, but not limited to, any claims of Xxxxxx and Xxxxx for unpaid attorney's fees. XXXX hereby acknowledges and agrees that any and all obligations, claims, liens, demands, controversies, actions or causes of action, of whatever kind and nature, known or unknown, for or relating to attorney's fees relating to the Wildfires, except as specifically stated in paragraph III of this Agreement, are hereby extinguished and/or satisfied.
V. MUTUAL RELEASE AND MUTUAL INDEMNITY
Except as provided in this Agreement, MID-CONTINENT and XXXX mutually and fully release, settle with, and forever discharge each other from and against any and all claims, demands, controversies, actions, or causes of action of whatever kind or nature, whether known or unknown, whether joint or several, and whether or not within the contemplation of the parties, which the parties may have had, may now have, or may hereinafter have or claim to have against each other arising from the Primary Policy, the Excess Policy, the Wildfires, the Xxxxxxx Ranches Lawsuit, the Underlying Lawsuits, the Dispute and/or the Litigation.
XXXX AGREES TO DEFEND AND INDEMNIFY MID-CONTINENT OF AND FROM ANY AND ALL ACTIONS OF ANY KIND AND NATURE WHATSOEVER, PURSUED BY ANYONE OR ANY ENTITY RELATING TO OR ARISING FROM THE PRIMARY POLICY, THE EXCESS POLICY, THE XXXXXXX RANCHES LAWSUIT, THE UNDERLYING LAWSUITS, OR ANY FUTURE CLAIMS OR LAWSUITS AGAINST XXXX ATTRIBUTABLE TO THE WILDFIRES, THE DISPUTE AND/OR THE LITIGATION, EXCEPT AS SPECIFICALLY SET FORTH IN PARAGRAPH III OF THIS AGREEMENT. XXXX AGREES TO DEFEND AND INDEMNIFY MID-CONTINENT OF AND FROM ANY AND ALL ACTIONS OF ANY KIND AND NATURE WHATSOEVER PURSUED BY ANY VENDOR, EXPERT, CONSULTANT, LAWYER, LAW FIRM OR THIRD-PARTY LITIGATION SUPPORT PROVIDER OF ANY KIND, INCLUDING XXXXXX AND XXXXX, LLP, FOR FEES, INVOICES OR AMOUNTS DUE OR CLAIMED TO BE DUE, NOW OR IN THE FUTURE, ARISING FROM THE PRIMARY POLICY, THE EXCESS POLICY, THE XXXXXXX RANCHESLAWSUIT, THE UNDERLYING LAWSUITS, OR ANY FUTURE CLAIMS OR LAWSUITS AGAINST XXXX ATTRIBUTABLE TO THE WILDFIRES, THE DISPUTE AND/OR THE LITIGATION EXCEPT AS SPECIFICALLY SET FORTH IN PARAGRAPH III OF THIS AGREEMENT. THIS INDEMNITY IS SUBJECT TO A WARRANTY BY MID-CONTINENT THAT SCHEDULE "A" REFLECTS ALL UNPAID AMOUNTS RELATING TO THE XXXXXXX RANCHES LAWSUIT AND/OR THE UNDERLYING LAWSUITS OF WHICH MID-CONTINENT IS AWARE, BASED UPON THE INFORMATION PROVIDED TO MID-CONTINENT BY XXXX AND/OR ITS LAWYERS, THAT ARE ATTRIBUTABLE TO SERVICES PERFORMED ON OR BEFORE DECEMBER 21, 2006 BY ALL VENDORS, EXPERTS, CONSULTANTS, LAWYERS, LAW FIRMS OR THIRD-PARTY PROVIDERS OF ANY KIND, OTHER THAN XXXXXX AND XXXXX, LLP. THIS INDEMNITY DOES NOT APPLY TO ANY DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN MID-CONTINENT AND ANY OF ITS REINSURERS.
MID-CONTINENT AGREES TO DEFEND AND INDEMNIFY XXXX OF AND FROM ANY AND ALL ACTIONS OF ANY KIND AND NATURE WHATSOEVER AGAINST XXXX PURSUED BY ANYONE OR ANY ENTITY RELATING TO OR ARISING OUT OF (1) MID-CONTINENT'S FAILURE TO PAY THE AMOUNTS SPECIFIED IN PARAGRAPH III OF THIS AGREEMENT OR (2) ATTORNEY'S FEES OF ANY LAWYER OR LAW FIRM (OTHER THAN XXXXXX AND XXXXX, LLP OR SHERWOOD AND SHERWOOD) THAT ARE ATTRIBUTABLE TO SERVICES PERFORMED ON OR BEFORE DECEMBER 21, 2006 RELATING TO THE XXXXXXX RANCHES LAWSUIT AND/OR THE UNDERLYING LAWSUITS.
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VI. RELEASE FROM XXXXXX AND XXXXX
Xxxxxx and Xxxxx, LLP releases MID-CONTINENT from any and all obligations, claims, liens, demands, controversies, actions or causes of action, of whatever kind and nature, known or unknown, for or relating to attorney's fees relating to or arising from the Wildfires, the Xxxxxxx Ranches Lawsuit, the Underlying Lawsuits, or any future claims or lawsuits against XXXX relating to the Wildfires, except as specifically stated in paragraph III of this Agreement, the Dispute and/or the Litigation. Xxxxxx and Xxxxx, LLP hereby acknowledges and agrees that any and all obligations, claims, liens, demands, controversies, actions or causes of action, of whatever kind and nature, known or unknown, for or relating to attorney's fees against MID-CONTINENT relating to the Wildfires, except as specifically stated in paragraph III of this Agreement, are hereby extinguished and/or satisfied.
VII. WARRANTY OF CAPACITY TO EXECUTE THIS AGREEMENT
MID-CONTINENT and XXXX represent and warrant that no other person or entity has any interest in the claims, demands, obligations, or rights referred to in this Agreement, and it has the sole right and exclusive authority to execute this Agreement. XXXX has requested that MID-CONTINENT enter into this Agreement, and it understands the implications on its right to receive defense and indemnity benefits under the Primary Policy and the Excess Policy, and it understands the implications of this Agreement. XXXX and MID-CONTINENT have had the opportunity to have counsel of their choice to review this Agreement. XXXX and MID-CONTINENT are entering into this Agreement voluntarily and willingly.
VIII. NO ADMISSION OF LIABILITY
It is understood and agreed that this Settlement Agreement is a compromise of disputed claims, and that payments made and consideration given in connection with this settlement are not intended, nor are they to be construed, as an admission of liability on the part of any party.
IX. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST
This Agreement, and the attached Schedule "A" contains the entire agreement between MID-CONTINENT and XXXX with regard to the matters set forth herein and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each. There are no oral agreements.
X. REPRESENTATION OF COMPREHENSION OF DOCUMENT
In entering into this Agreement, XXXX and MID-CONTINENT represent that they have completely read this Agreement, and that they fully understand it and voluntarily accept it. XXXX and MID-CONTINENT further represent that they have had the opportunity to revise any aspect of this Agreement and that they have not been coerced or induced into executing this Agreement in any way by any person.
This Agreement shall be enforced, governed, construed and interpreted in accordance with the laws of the State of Texas.
5
All Parties agree to cooperate fully and execute, acknowledge and deliver any and all supplementary documents, and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. This includes, but is not limited to, the necessary documentation to dismiss the Litigation with prejudice. MID-CONTINENT agrees to file the necessary paperwork to dismiss the Litigation with prejudice within ten business days after XXXX executes and delivers the Agreement to MID-CONTINENT. XXXX agrees to file the necessary paperwork to dismiss its Counter-Claims in the Litigation with prejudice within ten business days after actual receipt of the executed Agreement by MID-CONTINENT and full payment to XXXX PETROLEUM, INC. on behalf of all named insureds of all amounts specified herein. The parties agree to send an executed copy of the Agreement to the other's counsel via facsimile the same day as execution. The parties agree that successful transmission of an executed copy of the Agreement by facsimile will constitute actual delivery.
In the event that any one or more of the provisions contained in this Settlement Agreement shall, for any reason, be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any of the remaining provisions hereof, and this Settlement Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
This Settlement Agreement has been negotiated and prepared by the joint efforts of the attorneys of the Parties, and the Parties themselves, and shall not be construed against any particular party.
This Settlement Agreement shall become effective following execution and delivery by XXXX.
The Parties hereby agree that the terms of this Agreement shall, unless otherwise required under applicable law or the rules of any applicable stock exchange, remain confidential. This confidentiality provision also does not prohibit disclosure by the parties to their lawyers, auditors, tax advisors or other professionals as necessary to obtain professional services or advice, or to those entities to which the parties are contractually obligated, or as required by applicable law.
Agreed this day of , 2007.
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f
APPROVED: |
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XXXX PETROLEUM, INC. |
|||
By: |
/s/ S. Xxxxxxx Xxxxxxx |
||
| Print Name: | S. Xxxxxxx Xxxxxxx |
||
| Title: | Chairman and Chief Executive Officer |
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| STATE OF TEXAS | § | |
| § | ||
| COUNTY OF TARRANT | § |
BEFORE ME, the undersigned authority, on this day appeared S. Xxxxxxx Xxxxxxx, an authorized representative of XXXX PETROLEUM, INC., known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed this document for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of February, 2007.
/s/ Xxxxxx X. Xxxxxx NOTARY PUBLIC in and for the State of Texas |
||
My Commission Expires: 10-01-2007 |
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W.O. ENERGY OF NEVADA, INC. |
|||
By: |
/s/ S. Xxxxxxx Xxxxxxx |
||
| Print Name: | S. Xxxxxxx Xxxxxxx |
||
| Title: | President |
||
| STATE OF TEXAS | § | |
| § | ||
| COUNTY OF TARRANT | § |
BEFORE ME, the undersigned authority, on this day appeared S. Xxxxxxx Xxxxxxx, an authorized representative of W.O. ENERGY OF NEVADA, INC., known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed this document for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of February, 2007.
/s/ Xxxxxx X. Xxxxxx NOTARY PUBLIC in and for the State of Texas |
||
My Commission Expires: 10-01-2007 |
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W.O. OPERATING COMPANY, LTD., By: WO ENERGY, INC., its general partner |
|||
By: |
/s/ S. Xxxxxxx Xxxxxxx |
||
| Print Name: | S. Xxxxxxx Xxxxxxx |
||
| Title: | President |
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| STATE OF TEXAS | § | |
| § | ||
| COUNTY OF TARRANT | § |
BEFORE ME, the undersigned authority, on this day appeared S. Xxxxxxx Xxxxxxx, an authorized representative of WO ENERGY, INC. in its capacity as general partner of W.O. OPERATING COMPANY, LTD. known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed this document for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of February, 2007.
/s/ Xxxxxx X. Xxxxxx NOTARY PUBLIC in and for the State of Texas |
||
My Commission Expires: 10-01-2007 |
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WO ENERGY, INC. |
|||
By: |
/s/ S. Xxxxxxx Xxxxxxx |
||
| Print Name: | S. Xxxxxxx Xxxxxxx |
||
| Title: | President |
||
| STATE OF TEXAS | § | |
| § | ||
| COUNTY OF TARRANT | § |
BEFORE ME, the undersigned authority, on this day appeared S. Xxxxxxx Xxxxxxx, an authorized representative of WO ENERGY, INC., known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed this document for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of February, 2007.
/s/ Xxxxxx X. Xxxxxx NOTARY PUBLIC in and for the State of Texas |
||
My Commission Expires: 10-01-2007 |
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LADDER ENERGY COMPANIES, INC. |
|||
By: |
/s/ S. Xxxxxxx Xxxxxxx |
||
| Print Name: | S. Xxxxxxx Xxxxxxx |
||
| Title: | President |
||
| STATE OF TEXAS | § | |
| § | ||
| COUNTY OF TARRANT | § |
BEFORE ME, the undersigned authority, on this day appeared S. Xxxxxxx Xxxxxxx, an authorized representative of LADDER ENERGY COMPANIES, INC. known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed this document for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of February, 2007.
/s/ Xxxxxx X. Xxxxxx NOTARY PUBLIC in and for the State of Texas |
||
My Commission Expires: 10-01-2007 |
11
SQUARE ONE ENERGY, INC. |
|||
By: |
/s/ S. Xxxxxxx Xxxxxxx |
||
| Print Name: | S. Xxxxxxx Xxxxxxx |
||
| Title: | President |
||
| STATE OF TEXAS | § | |
| § | ||
| COUNTY OF TARRANT | § |
BEFORE ME, the undersigned authority, on this day appeared S. Xxxxxxx Xxxxxxx, an authorized representative of SQUARE ONE ENERGY, INC., known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed this document for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of February, 2007.
/s/ Xxxxxx X. Xxxxxx NOTARY PUBLIC in and for the State of Texas |
||
My Commission Expires: 10-01-2007 |
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MID-CONTINENT CASUALTY COMPANY |
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By: |
/s/ Xxxxxxx X. Xxxxxx |
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| Print Name: | Xxxxxxx X. Xxxxxx |
||
| Title: | Vice President Claim Operations |
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| STATE OF OKLAHOMA | § | |
| § | ||
| COUNTY OF TULSA | § |
BEFORE ME, the undersigned authority, on this day appeared Xxxxxxx X. Xxxxxx, an authorized representative of MID-CONTINENT CASUALTY COMPANY, known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed this document for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7th day of February, 2007.
/s/ Xxxxxxx X. Xxxx NOTARY PUBLIC in and for the State of Oklahoma |
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My Commission Expires: 9-22-07 |
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XXXXXX AND XXXXX, LLP |
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By: |
/s/ Xxxxx X. Xxxxxxxxx |
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| Print Name: | Xxxxx X. Xxxxxxxxx |
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| Title: | Partner |
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| STATE OF TEXAS | § | |
| § | ||
| COUNTY OF DALLAS | § |
BEFORE ME, the undersigned authority, on this day appeared Xxxxx X. Xxxxxxxxx, an authorized representative of XXXXXX AND XXXXX, LLP, known to me to be the person whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed this document for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 6th day of February, 2007.
/s/ Xxxxx Xxxxx Crews NOTARY PUBLIC in and for the State of Texas |
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My Commission Expires: June 30, 2007 |
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Vendor |
Invoice No. |
Inv Date |
Dates of Service |
Amount of Xxxx |
|||||
|---|---|---|---|---|---|---|---|---|---|
| Xxxxxxx, Ph.D., Carlton | 07/27/06 | $ | 6,820.00 | ||||||
| Xxxxxxx, Ph.D., Carlton | 08/25/06 | $ | 6,297.00 | ||||||
| EED | 10053 | 08/03/06 | 4/1/06-6/30/06 | $ | 8,064.31 | ||||
| EED | 10292 | 09/12/06 | 8/1/06-8/31/06 | $ | 94.08 | ||||
| Flap-Air Helicopter Service, Inc. | 217 | 08/02/06 | Unknown | $ | 2,750.00 | ||||
| ImageNet | 1017622 | 05/02/06 | Unknown | $ | 51,292.15 | ||||
| ImageNet | 1017631 | 05/02/06 | Unknown | $ | 66.03 | ||||
| ImageNet | 1017792 | 05/12/06 | Unknown | $ | 41.03 | ||||
| ImageNet | 1017814 | 05/12/06 | Unknown | $ | 666.17 | ||||
| ImageNet | 1018454 | 06/28/06 | Unknown | $ | 267.20 | ||||
| ImageNet | 1018500 | 06/30/06 | Unknown | $ | 4,691.99 | ||||
| ImageNet | 1018571 | 07/10/06 | Unknown | $ | 1,588.24 | ||||
| Invetech | 13472 | 08/31/06 | 07/01/06 | $ | 852.47 | ||||
| Invetech | 13505 | 09/30/06 | 08/01/06 | $ | 14,102.70 | ||||
| Legal Network | 866-2006 | 04/18/06 | Unknown | $ | 332.50 | ||||
| Legal Network | 867-2006 | 04/18/06 | Unknown | $ | 180.80 | ||||
| Legal Network | 885-2006 | 04/25/06 | Unknown | $ | 17.95 | ||||
| Legal Network | 953-2006 | 05/30/06 | Unknown | $ | 6,103.70 | ||||
| Legal Network | 966-2006 | 06/06/06 | Unknown | $ | 2,041.20 | ||||
| Legal Network | 1028-2006 | 06/27/06 | Unknown | $ | 9,050.35 | ||||
| Legal Network | 1039-2006 | 07/05/06 | Unknown | $ | 12,643.60 | ||||
| Legal Network | 1046-2006 | 07/11/06 | Unknown | $ | 4,813.60 | ||||
| Legal Network | 1061-2006 | 07/18/06 | Unknown | $ | 3,556.95 | ||||
| Legal Network | 1062-2006 | 07/18/06 | Unknown | $ | 825.78 | ||||
| Legal Network | 1074-2006 | 07/25/06 | Unknown | $ | 142.85 | ||||
| Legal Network | 11124-2006 | 08/15/06 | Unknown | $ | 661.85 | ||||
| Legal Network | 1143-2006 | 08/22/06 | Unknown | $ | 1,205.15 | ||||
| XxXxxxxx Group, Ltd. | 63546 | 05/16/06 | $ | 8,087.50 | |||||
| Litigation Solution Incorporated | 65935 | 04/04/06 | Unknown | $ | 51.31 | ||||
| Litigation Solution Incorporated | 66569 | 05/18/06 | Unknown | $ | 489.83 | ||||
| Litigation Solution Incorporated | 66582 | 05/19/06 | Unknown | $ | 43.30 | ||||
| Litigation Solution Incorporated | 66594 | 05/19/06 | Unknown | $ | 291.73 | ||||
| Litigation Solution Incorporated | 66612 | 05/22/06 | Unknown | $ | 12.99 | ||||
| Litigation Solution Incorporated | 66703 | 05/31/06 | Unknown | $ | 2,615.32 | ||||
| Litigation Solution Incorporated | 66827 | 06/07/06 | Unknown | $ | 2,201.75 | ||||
| Litigation Solution Incorporated | 67432 | 07/27/06 | Unknown | $ | 504.39 | ||||
| Litigation Solution Incorporated | 67472 | 07/30/06 | Unknown | $ | 210.01 | ||||
| Litigation Solution Incorporated | 67561 | 08/07/06 | Unknown | $ | 87.68 | ||||
| Litigation Solution Incorporated | 67662 | 08/16/06 | Unknown | $ | 207.03 | ||||
| Litigation Solution Incorporated | 67687 | 08/18/06 | Unknown | $ | 105.75 | ||||
| Litigation Solution Incorporated | 67791 | 08/25/06 | Unknown | $ | 545.31 | ||||
| Litigation Solution Incorporated | 68481 | 10/19/06 | Unknown | $ | 167.79 | ||||
| Litigation Solution Incorporated | 68526 | 10/23/06 | Unknown | $ | 531.77 | ||||
| Litigation Solution Incorporated | 68616 | 10/30/06 | Unknown | $ | 431.31 | ||||
| Litigation Solution Incorporated | 68659 | 11/01/06 | Unknown | $ | 108.25 | ||||
| Litigation Solution Incorporated | 68766 | 11/09/06 | Unknown | $ | 267.92 | ||||
| M/S Media Productions | 13982 | 08/15/06 | Unknown | $ | 258.00 | ||||
| M/S Media Productions | 14003 | 08/22/06 | Unknown | $ | 108.00 | ||||
| Magic Media, L.L.C. | 1833 | 10/17/06 | 10/11/06 | $ | 258.38 | ||||
| Navigant Consulting, Inc. | 126253-07-06 | 07/28/06 | 4/25/06-6/23/06 | $ | 16,671.24 | ||||
| Xxxxx Forensic Engineering, Inc. | 14315 | 08/01/06 | 7/17/06-7/27/06 | $ | 9,173.33 | ||||
| Xxxxxx, Xxxx | 09/27/06 | 9/7/06-9/22/06 | $ | 2,037.25 | |||||
| Xxxxxx, Xxxx | 09/27/06 | 9/5/06-9/22/06 | $ | 5,604.75 | |||||
| Xxxxxx, Xxxx | 10/16/06 | 9/25/06-10/09/06 | $ | 2,530.50 | |||||
| Xxxxxx, Xxxx | 10/16/06 | 9/25/06-10/13/06 | $ | 511.00 | |||||
| Xxxxxx, Xxxx | 10/12/06 | Unknown | $ | 1,615.90 | |||||
| Xxxxxx, Xxxx | 11/20/06 | 11/15/06-11/19/06 | $ | 723.50 | |||||
| Xxxxxx, Xxxx | 11/20/06 | 10/17/06-11/4/06 | $ | 6,798.50 | |||||
| Xxxxxx, Xxxx | 11/20/06 | 10/16/06-11/19/06 | $ | 818.00 | |||||
| Sir Speedy | 63238 | 09/22/06 | $ | 1,164.45 | |||||
| Slick Corporation | 04/21/06 | $ | 1,600.00 | ||||||
| United American Reporting | 90016 | 10/25/06 | 10/11/06 | $ | 404.05 | ||||
| $ | 206,407.44 | ||||||||
15
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION
SETTLEMENT AGREEMENT AND RELEASE
I. RECITALS
II. AGREEMENT
III. PAYMENTS
IV. GENERAL RELEASE
V. MUTUAL RELEASE AND MUTUAL INDEMNITY
VI. RELEASE FROM XXXXXX AND XXXXX
VII. WARRANTY OF CAPACITY TO EXECUTE THIS AGREEMENT
VIII. NO ADMISSION OF LIABILITY
IX. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST
X. REPRESENTATION OF COMPREHENSION OF DOCUMENT
XI. GOVERNING LAW
XII. ADDITIONAL DOCUMENTS
XIII. SEVERABILITY
XIV. JOINT EFFORT TO PREPARE
XV. EFFECTIVENESS
XVI. CONFIDENTIALITY
