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<br /> RA/LlVAY
<br /> BNSF RAILWAY COMPANY
<br /> RELEASE AND SETTLEMENT AGREEMENT
<br /> 1. FOR THE SOLE CONSIDERATION OF THE PAYMENT OF Thirty Five Thousand One
<br /> Hundred Forty Four and 83/100ths Dollars $35,144.83 the receipt and sufficiency of which is
<br /> hereby acknowledged, Cass County Government including any predecessor, successor companies,
<br /> affiliated, related, subsidiary, and parent companies (hereinafter collectively referred to as
<br /> "Releasors") release and forever discharge BNSF Railway Company (hereafter "BNSF"), and any
<br /> predecessor or successor companies, affiliated, related, subsidiary, and parent companies, specifically
<br /> including any officers, directors, employees or agents of said companies and their attorneys
<br /> (hereinafter collectively referred to as "Releasees") from all claims and liabilities of every kind or
<br /> nature, FOR ANY HIGHWAY LABOR/EQUIPMENT, SHERIFF LABOR/EQUIPMENT,
<br /> MATERIALS AND TRAVEL COSTS WHETHER KNOWN OR UNKNOWN TO ME AT
<br /> THE PRESENT TIME, arising out of an incident on or about December 30, 2013, at or near
<br /> Casselton,ND.
<br /> 2. It is expressly agreed and understood that this is a compromise settlement of a disputed claim and not
<br /> an admission of liability by Releasees and it is understood that said parties deny liability. I understand
<br /> that these representations were material to the payment of the consideration given, and material to all
<br /> terms and conditions of this Release.
<br /> 3. This release will also include any and all other claims of any kind or character and all causes of
<br /> action I might have against Releasees up to the date of this settlement , including reimbursement,
<br /> indemnification, or contribution for personal injury or workers compensation claims asserted by
<br /> employees of Releasors.
<br /> 4. Further, in consideration of the amount paid in this settlement, I confirm that I have not assigned any
<br /> claim to a third party and hereby understand and agree to indemnify and save harmless Releasees
<br /> from and against any and all claims that may be presented in the future to Releasees by any lien
<br /> holders, including any and all insurance companies, known lien holders, lien holders unknown to
<br /> Releasees or by anyone acting for them or on their behalf by reason of any and all injuries, damages,
<br /> incidents and/or risks incurred as a result of any or all of the incidents, claims and/or exposures
<br /> described in § 1 of this document.
<br /> 5. It is further understood and agreed that I hereby agree to indemnify and hold harmless Releasees
<br /> from and against any and all liability, claims, actions, judgments, costs, expenses (including legal
<br /> fees and expenses) arising from, or in any way connected to or with, subrogation claims or liens for
<br /> any compensation or medical payments due or claimed to be due or paid under any law (state or
<br /> federal), regulation or contract, and from all losses, claims, liabilities, actions, causes of action,
<br /> judgments, verdicts, awards, demands costs, fees for expenses of whatsoever kind or nature arising as
<br /> a result of or pertaining in any way to any matter referred to in this Release, which may be presented
<br /> by known lien holders, or any other lien holders unknown to Releasees or by anyone acting for them
<br /> or upon their behalf by reason of the injuries and/or damages incurred in the above-described incident
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