RELEASE ND SETTLEMENT A EMENT This Release and Settlement Agreement (hereinafter "Agreement") is made and entered into by Plaintiffs Tammie and Pedro Ortiz (hereinafter "the Plaintiffs");Defendant/Third-Party Plaintiff David C. Whitlock (hereinafter "Whitlock"); Third-Party Defendant t¡uisvilleÆefferson County Metro Government (hereinafter "Louisville Metro"); and Intervening Plaintiff Guide One Mutual Insurance Company (hereinafter "Guide One")(hereinafter collectively "the Pafties"). WHEREAS, on or about November I,2012, Plaintiffs filed a civil action in the Jefferson Circuit Court against Whitlock stemming from an alleged shooting which occurred on or about November 2,2011in the parking lot of a Walmart in Jefferson County, Kentucky. WHEREAS, on or about April 30, z}I3,Whitlock was granted leave by the Jefferson Circuit Court to file a Third Party Complaint for declaratory relief against Louisville Metro. WHEREAS, on or about July 22,20l3,Guide One was granted leave by the Jefferson Circuit Court to file an Intervening Complaint for Declaratory Judgment. WHEREAS, the Parties now desire to settle and resolve any and all claims between them, or any and all claims that could have been asserted against each of them,'either at state law or at federal law, or in any other form from beginning of time to the date of the signing of this Agreement. NOW, THEREFORE: 1. All claims shall Z. For the good and valuable consideration of Seventy-Five Thousand Dollars and No be voluntarily dismissed with prejudice. Cenrs ($75,000.00) payable to the Plaintiffs by Louisville Metro and on behalf of Whitlock, the receipt of which is hereby acknowledged, the Parties enter into this Release of and for any and all claims by and between the Parties hereto. Plaintiffs do for themselves, their heirs, executors, -1- administrators, successors and assigns, hereby release and forever discharge'Whitlock, I-ouisville Metro and Guide One, its agents, employers, employees, servants, officers, directors, officials, representatives, insurers, successors and assigns, from any and all claims, demands, actions, andlor arbitration award, which the Plaintiffs now have or may have arising out of the facts of this case, including claims for negligence, punitive damages, expenses of any kind, costs, liens of any kind, attorneys' fees, and any other loss, damage or expense, resulting, or to result, from the alleged acts and/or omissions of Whitlock, whether acting individually, as an agent an agent of a private entity, and/or as of a governmental entity, pertaining, in any way, to the alleged shooting which occurred on or about November 3. 2,20I\ in the parking lot of a Walmart in Jefferson County, Kentucky' The Parties acknowledge, understand and agree that it is the intent and purpose of this Agreement that Whitlock, l-ouisville Metro, and Guide One will nevsr have to pay any sums to the Plaintiffs, or any other person or entity, on account of any and all claims that have been asserted, or could have been asserted against Whitlock, Louisville Metro or Guide One from the beginning of time until the execution of this Agreement. 4. The Parties acknowledge, understand, and agree that the damages that have been allegedly sustained, and the alleged legal liability thereof, are disputed and denied, and that the purpose of this Agreement is to compromise and terminate all claims, including all claims for costs, attorneys' fees, and both known and unknown injuries and damages of whatsoever nature, including all future developments thereof, from the beginning of time until date of the execution of this Agreement. 5. The Parties acknowledge, understand, and agree that the release of claims set forth herein is a compromised settlement of a bona fide disputed claim in which the liability ., - z-- of Whitlock, I-ouisville Metro and Guide One Defendants is specifically denied, that the purpose of this settlement is to avoid trial expense, attorneys' fees and other costs, and that the payment of settlement monies is not to be, and will not be, construed as an admission of liability on the part of Whitlock, l¡uisville Metro or Guide One. 6. The Plaintiffs acknowledge, understand, and agree that this Agreement shall apply to all unknown and unanticipated injuries and damages resulting from the matters referred to herein, as well as those injuries and damages now disclosed. 7 . The Plaintiffs acknowledge, understand, and aglee that Whitlock, I-ouisville Metro or Guide One have not made any agreement or promise to make any payment not herein mentioned, and that this is a full and final release of all claims of every nature and kind whatsoever that Plaintiffs may have against Whitlock, I-ouisville Metro or Guide One. 8. The Plaintiffs hereby covenant and agree to hold harmless and indemnify Whitlock, I-¡uisville Metro and Guide One, along with their employees, successors, subsidiaries, and assigns, from any and all claims, claims for relief, actions, causes of actions, demands, lawsuits, intervening claims, third-party claims, cross-claims, and/or any other claim of any kind or description whatsoever, whether arising out of contract, tort, subrogation, arbitration, or otherwise, in law or in \Whitlock, equity, which are, have been and/or may be made on behalf or in place against l¡uisville Metro or Guide One for any damages, punitive damages, losses, injuries, death, fees, costs, attorney's fees, expenses and/or compensation of any nature whatsoevel, including but not limited to any claims for subrogation, indemnity, reimbursement, medical liens, or other liens, arising out of or in any manner pertaining to the facts asserted in and/or the subject matter of the aforestated legal action. Such aforesaid agreement to hold harmless applies to any and all claims that Whitlock, -3- L,ouisville Metro or Guide One were negligent and/or in any way at fault in causing and/or contributing to cause said damages, punitive damages, losses, injuries, death, fees, costs, attorney's fees, expenses and/or compensation of any nature whatsoever. g. The Parties acknowledge, understand and agree that if Plaintiffs, their heirs, executors, administrators, successors or assigns, is the Medicare and/or Medicaid and/or Passport beneficiary, the Plaintiffs acknowledge that they have reported this claim to the Centers for Medicare and Medicaid Services or other appropriate agency. They agree to reimburse Medicare and/or Medicaid and/or Passport out of these settlement proceeds for any and all conditional payments that Medicare and/or Medicaid and/or Passport has made in the past or that may be made in the future related to the above described occurrence. They further agree to hold harmless and to indemnify those herein released from any and all claims by Medicare and/or Medicaid and/or Passport and any other claim based upon reimbursement rights created either legally or contractually. 10. This is a full settlement and release of all claims with each party to bear their own respective costs and attorney fees. 11. This Release and Settlement Agreement shall be construed under Kentucky law. IZ. Any modifications to this Release and Settlement Agreement shall be in writing signed by all the Parties. 13. This Release and Settlement Agreement shall not be considered as having been full opportunity to consult with legal drafted by any of the parties, the Parties have each had a counsel and to advise them about the terms of this Release and Settlement Agreement. 74. The Parties declare and represent that no promise, inducement, or agreement not set forth herein has been made to them, that this Agreement contains the entire agreement between the -4- Parties hereto, and that it has been fully read and explained to them by counsel, and that by so executing, they full understand its terms. 15. Each party is responsible for their own legal, tax and administrative consequences of this Agreement. Entered into this L day of J qJrl t 20t6 Tammie Ortiz COMMON\ryEALTH OF KENTUCKY COUNTY OF JEFFERSON and sworn to before me by Tammie Ortiz on LNE th i, L day of 2076 My commission expires: L L¿z NOTARY C L. l'¡ottry Ortiz ID No. Strte Cofinthgilt u9257 Fob. 6, COMMONWEALTH OF KENTUCKY COUNTY OF JEFFERSON and sworn to before me by Pedro Ortiz on this L day of 2016. My commission expires: o/o/z:I Y C Teülr -5- t'¡otrryR¡büc,þ Sürtc ¡t *yCqiltti{dt 3r92!7 h, I, HAVE SEEN AND AGREED TO û-lAùa-,K.0AJ Maury D. Kommor Maury D. Kommor & Associates, PLLC 1205 South Third Street l¡uisville, KY 40203 Phone: (502) 719-7325 Counsel for Plaintiffs Tammie and Pedro Ortiz Chris J McBrayer, McGinnis, læslie & Kirkland, PLLC 9300 Shelbyville Rd., Suite 110 l¡uisville, KY 40222 Phone: (502)327-5400 Counsel for David C. Whitlock Peter F. Ervin Assistant Jefferson County Attorney Office of Mike O'Connell - Jefferson County Attorney 531 Court Place, Suite 900 l¡uisville, KY 40202 Phone: (502) 514-6621 Counsel for Louisville[efferson County Metro Government Jo & Shouse, LLP 220 West Main Street, Suite 1900 Louisville, KY 40202 Phone: (502)589-7616 Counsel for Guide One Mutual Insurance Company -6-