IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION MEGAN FOX, Plaintiff, No. 2014 CH 12568 v. VILLAGE OF ORLAND PARK, a Municipai Corporation, by and through) its authorized agents and employees, and ORLAND PARK POLICE DEPARTMENT Defendants SETTLEMENT AGREEMENT This Settlement Agreement (hereinafter the ?Agreement?) is made and entered into this day of 2015, by and between the following parties: Megan Fox (?Plaintiff?) and Orland Park Police Department and the Village of Oriand Park (collectively referred to as ?Defendants?). PREAMBLE WHEREAS, Plaintiff ?led the above-captioned Complaint against the Defendants on August 1, 2014, and said case is presently pending in the Circuit Court of Cook County, County Department, Chancery Division (hereinafter the ?Lawsuit?); and WHEREAS, Plaintiff asserts various claims against Defendants set forth more particularly in the pleadings in the Lawsuit, which claims Defendants has denied and continue to deny; WHEREAS, after the Lawsuit was ?led, Defendants produced responsive documents and agreed to update their FOIA procedures; and WHEREAS, it is now the desire of Plaintiff and Defendants to fuliy and ?nally resolve and settle the Lawsuit, and any and all other claims or matters which may exist or arguably existed between them, as of the date of this Agreement, and enter into a full and ?nal compromise, settiement and mutual release. NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the suf?ciency of which is hereby acknowledged: 354036__l l. Incorporation of the Preamble. Each of the introductory statements contained in the preamble hereto are incorporated into Section 1 of this Agreement as material terms and provisions agreed to by Plaintiff and Defendants. 2. Compromise and Settlement. This Agreement constitutes the compromise and settlement of disputed claims that is made solely to avoid further costs of litigation. Nothing contained herein, nor any actions taken by Plaintiff or Defendants in connection herewith, shall constitute, be construed as or be deemed to be an admission of fault, liability or wrongdoing whatsoever on the part of any party. Plaintiff continues to contend that Defendants willfully and intentionally violated POIA and Defendants continue to dispute that contention. 3. Settlement of All FOIA Claims. Plaintiff and Defendants intend this Agreement to be a complete and total resolution and settlement of any and all FOIA claims of any kind, whether asserted or not asserted, known or unknown, that Plaintiff may have against Defendants or that Defendants may have against Plaintiff up to the date of this Agreement. No other claims are released. 4. Dismissai of the Lawsuit. Plaintiff shall dismiss with prejudice the Lawsuit in its entirety against Defendants in exchange for payment of the settlement funds referenced in this Agreement. 5. Payment and Additional Consideration to Plaintiff. in return for Plaintiff?s dismissal of all her claims and her Lawsuit against the Defendants in its entirety and with prejudice, the Defendants agree to pay the Plaintiff Twelve Thousand and Nof100 Dollars To the extent the payment amount includes attorneys? fees under the Freedom of Information Act, 5 ELCS 140/1 et. seq., Plaintiff and Defendants acknowledge that this amount is a compromise and does not represent the full amount to which Plaintiff contends it would be entitled as a reasonable attorney fee award had it ?led a fee petition with the Court. Plaintiff waives her right, if any, to collect any additional attorneys? fees incurred in this litigation from the Defendants. 6. Plaintiff?s Responsibility for Liens. Except as otherwise provided in this Agreement, Plaintiff agrees to assume responsibility for all outstanding liens of any kind, those known and unknown, inciuding but not limited to attorney liens, from the proceeds of this settlement. In the event that any liens are enforced which have been served upon Plaintiff, Plaintiff agrees to hold harmless Defendants, and its trustees, officers, administrators, employees, directors, agents, successors, executors, legal andfor personal representatives of any kind, insurers, and assigns for all said liens. Plaintiff also agrees to defend Defendants against the enforcement of said liens 354036?: 2 and to assume all costs, expenses, and attorneys? fees related to said defense. Plaintiff?s obligations under this provision are contingent upon Defendants providing notice to Plaintiff within l0 business days, granting Plaintiff complete control of the matter, and cooperating fully with Plaintiff in the matter. 7. Release and Covenant Not To Sue. Plaintiff, on behalf of herself and her heirs, executors, administrators, successors and assigns, for and in consideration of the payment set forth herein, irrevocably and unconditionally releases and forever discharges and acquits, and covenants not to sue, Defendants, their trustees, officers, administrators, employees, directors, agents, successors, executors, legal andi?or personal representatives of any kind, insurers, and assigns from or for any and all claims, charges, liabilities, debts, demands, grievances and causes of action pursuant to the Freedom of information Act up to the date of this Agreement, whether at law or in equity, whether accrued, contingent or inchoate, and whether known or unknown, suspected or unsuspected, or otherwise which Plaintiff has, had or may have up to the date of this Agreement Defendants similarly agree that they irrevocably and unconditionally covenant not to sue Plaintiff for any and all claims, charges, liabilities, debts, demands, grievances and causes of action pursuant to the Freedom of Information Act up to the date of this Agreement, whether at law or in equity, whether accrued, contingent or inchoate, and whether known or unknown, suspected or unsuspected, or otherwise which Defendants have or may have up to the date of this Agreement. 8. Choice of Law; Savings Provision. This Agreement will be governed by Illinois law without regard to the choice of law provisions thereof. If any provisions of this Agreement shalt be invalidated or refused enforcement by any court of competent jurisdiction, the provisions not invalidated or refused enforcement shall remain in full force and effect. 9. Entire Agreement. This Agreement represents the entire agreement between Plaintiff and Defendants with respect to the matters set forth herein and supersedes all prior agreements or understandings, if any, between the parties. The parties acknowledge that except for the explicit provisions of this Agreement, no promises or representations of any kind have been made to induce the party to enter into this Agreement. No modi?cation of this Agreement can be made except in writing and signed by Plaintiff and a representative of the Defendants. 10. For Settlement Only. This Agreement is entered into for settlement purposes only and represents the compromise of disputed claims as set forth in this Agreement. 354036} 3 1 1i Representations and Warranties By All Patties The parties represent and warrant as to htmseit: net-seirot itself that' he. she or it has the eapneity, full power and authority tn enter into this Agreement: the individuals signing on behalf ot' the Orland Park Police Department and Village tif()rland Park are authorized has encumbered or in any manner transferred all or any portion at the claims covered by this Agreement; there are no other charges complaints suits: arbitranons or other claims or proceedings pending between the parties in any court, before any agency, or in any fotum; and no eihei person or pimy has any right, title or interest in any of the enims covered by this Agreement. 12. iceessors and Assigns This Agreement shall be binding upon and inure to the benefit of Plaintiff and Defendants and their respective personal representatives, agents, insurers. attorneys, executtirs. administrators heirs 'ueccssors anda gns. 13. Knowing and Voluntar) Signing of Binding Contract, The parties represent and warrants that they have read this Agreement and understands all 01' its terms, and execute this Agreement voluntaiily and without duress or undue influence, and with full knowledge of its significance intending to be legally bound. l4. Opportunity Advisers. Plaintiff and Defendants have had reasonable opponunity tti consult with attorneys or Other advisors of their own chetvsing before executing this Agreement, 15, gawk This Agreement may he executed In connterpans, each of which may be signed separately and may be enforceable as an m'iginalv but all of which together shall constitute but one (1) Agreement. IN WITNESS WHEREOF, the parties have executed this Agteement b) affixing their signatures and the date of execution where indicated below, FOX rP RKP LI Dated :7 may.) it