Richard D. Waters - Page 5




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               the * * * Plaintiffs * * * hereby release and discharge                
               PayLess * * * from all actions, claims, or demands for                 
               damages, liabilities, costs, or expenses, which the                    
               Plaintiffs * * * have against PayLess on account of, or in             
               any way arising out of the claims that were asserted or that           
               could have been asserted in the Lawsuit by the Plaintiffs *            
               * * including, but not limited to, claims for personal                 
               injuries, intentional infliction of emotional distress,                
               negligent infliction of emotional distress, and from all               
               known claims, whether based on tort, statute or contract,              
               which are based in whole or in part, or arise out of, or in            
               any way relate to: (1) the Lawsuit; and (2) anything done or           
               allegedly done by PayLess arising out of, or in conjunction            
               with or relating to, the employment of any and/or all                  
               Plaintiffs * * * by PayLess.                                           

               The Settlement Agreement additionally included section 8,              
          entitled Liability Denial and Basis For Settlement, which                   
          provided:                                                                   

                    PayLess denies any liability on its part and enters               
               into this agreement solely to avoid litigation and to buy              
               its peace.  All Settlement Proceeds are paid to Plaintiffs             
               on account of personal injuries.  This Settlement Agreement            
               and the releases contained herein settle and resolve all               
               claims which have to this point been contested and denied by           
               the parties, as well as all other claims released by                   
               paragraphs 3 and 4 of this Settlement Agreement.  None of              
               the provisions of this Settlement Agreement and nothing                
               contained in this Settlement Agreement shall be construed as           
               an admission of any liability whatsoever by any party hereto           
               to any other party hereto.                                             

               As a member of the class of former employees of PayLess,               
          petitioner received the following amounts out of the $5 million             
          settlement:                                                                 








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Last modified: May 25, 2011