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<br />SETTLEMENT AGREEMENT AND
<br />MUTUAL RELEASE OF PROPERTY DAMAGE CLAIMS
<br />WHEREAS, on December 8, 2007, at the intersection of Great Northern Blvd.
<br />and Brookpark Road, in North Olmsted, Ohio, Sharon L. Deaton (herein "Deaton"), of
<br />3384 West 118t1i St., Cleveland, Ohio 44111, operated of a motor vehicle that was
<br />involved in a traffic collision with a police cruiser (#5210) owned by the City of North
<br />Olmsted, Ohio, 5200 Dover Center Road, North Olmsted, Ohio (herein "City"); and
<br />WHEREAS, Deaton filed a property damage against the City and has assigned
<br />her property damage claim to Erie Insurance; and
<br />WHEREAS, the City filed a property damage claim against Deaton for property
<br />damage sustained by its police cruiser and, following extensive claims adjustment by Erie
<br />Insurance, agrees to compromise its claim as described herein; and
<br />NOW, THEREFORE, in consideration hereof, the City and Deaton do hereby,
<br />for themselves, and their officers, employees, agents, assigns, successors in interest and
<br />all other representatives, promise, agree and covenant as follows:
<br />1. Payment by Erie Insurance to the City in the amount of Twenty Thousand
<br />Three Hundred and Twenty-one Dollars and twelve cents.
<br />2. That each forever waives, releases, acquits and forever discharges the
<br />other, and all of their officials, employees, agents, assigns, and successors in
<br />interest, of and from any and all claims and demands, rights and causes of action
<br />for any and all property damage or loss suffered or to be suffered or damages of
<br />any kind whether relating to property interests, economic loss, or otherwise,
<br />which now exist or hereafter may exist, from the beginning of time until the
<br />present, or which either has or may claim to have, relating to or arising out of an
<br />automobile collision dated December 8, 2007, including specifically and limited
<br />to any property damage claim, or any other property claim based upon said
<br />automobile collision, however described, based on any property damage theory
<br />under federal or state law.
<br />3. That this document covers all property claims, damages and liabilities of
<br />Deaton, as assigned to Erie Insurance, and those of the City whether or not
<br />contemplated at the present time or not, and expresses a complete and mutual
<br />waiver of any and all property damage liability of one against the other, or against
<br />any of the other's officials, employees, agents, assigns, and successors in interest,
<br />regardless of the adequacy of the above consideration. Erie Insurance and the
<br />City further indicate their respective intention and covenant not to sue each other
<br />with respect to the property claims and settlement described herein.
<br />4. That the City and Erie Insurance acknowledge that they either have been
<br />or declined to be represented by legal counsel in this matter, and further declare
<br />EXHIBIT
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