22-1962ORDiNANCE NO. 22-1962
AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND RELEASEIMPLEMENTING THE TERMS OF THE SETTLEMENT IN LITIGATION STYLED “ OPAL,4.LLC v. CITY OF DENTON ” CAUSE NO. 21-6356-43 1, PENDING IN THE 431 ST JUDICIAL
DISTRICT COURT, DENTON COUNTY, TEXAS; AND DIRECTING THE CITY MANAGEROR DESIGNEE AND THE CITY’S ATTORNEYS TO EFFECTUATE AS NECESSARY ANDAPPROPRIATE THE TERMS OF A SETTLEMENT AGREEMENT AND RELEASE TO
EFFECTUATE THIS APPROVAL; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby ratifies and approves the proposed settlement of
litigation styled “Opala, LLC v. City of Denton, “ Cause No. 21-6356-431, pending in the 43 lst
Judicial District Court, Denton County, Texas, under the terms proposed in the attached Settlement
Agreement and Release (Attachment # 1) or a substantially similar agreement to the one that is
proposed in Attachment # 1.
SECTION 2. The City Manager or designee and the City’s Attorneys are hereby authorized
to act on the City’s behalf in approving and executing any and all documents necessary or
appropriate to effectuate the terms of the settlement, and to take other actions necessary to finalize
the settlement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
Th, m,ti,n t, ,pp„,, thi, „di„,„„ „„ m,d, by BcM Beck m
rdinance was passed and approvedseconded by ]ffLa
by the following vote LI - al This C
Aye
,/
1//
b/
Nay Abstain Absent
Mayor Gerard Hudspeth,
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :P‘
yr
\/
r
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED thi, th, 2.Iq,y ,f S,pt„„b„, 2022.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY I\\\111111/
_d/p/? .
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
EXHIBIT “A”
Settlement Agreement and Release
CAL'SE NO. 2 1 -6356-43 1
OPALA. LI_C.Ii
$
E.ii
$
$
§
I\ TIIL DIS I RIC I GOt R I
Plaintiff.
\.+31 " jl IDI(’IAI DISI'RIC' I
( - I l- Y OF DF,N I ( )\
Defendant.DENTON COL'\1'\’, 'I'EXAS
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF CLAI NIS
BACK(; ROt ' ND
Plainti fF Opala. I,i.(’ ("PlaintitF' or -'opala-) claims damages against the C-it) of Denton.
I e\as ("Dent011" or - Cit) -) for the incidents alleged in this lawsuit. Released Parties (as defined
below ) den\ an\ liabilit\ . The Parties (as defined belo\\ I desire to settle all matlers to a\oid thc
incon\ enience and expense of litigation and to hu) accord.
AGREE)tEXT
Definitions.
1.
I
3.
Agreement'- nlean5 this Compromise Settlement aRd Release oF Claims.
"('ourt- means the 431 g Judicial District Court of F)entan Count\ . Texas.
"lnc}dent" or -Incidents- means the timeframe of when Opala operated a business out ot
(’it) of Denton ProFIt) after taking o\er a leasehold from the originall} leased Tenant
blaster Rec) cling of 'l-exas ('-N{RT'). in Denton. Texas. described or referenced in the
I.au suit as basis for an) and all claims asserted therein.
4.
5.
6
-1 dusuit" means the action hearing the st) Ie and cause number sho\\n aho\e and the
contents of the parties' Ii\e pleadings.
Parties- means Opala. t .LC. and Cit) of Denton. -l-exas.
-'Plaintitl" or Opala" nleans the limited liabilit} compan} pnsentl} know’n as C)pala with
I-a\ ID # 1777bb 7 . \\itIl the Corporate npmsentati\e of Opala. LLC being
1; II (11 ) __ _ ___. \\'hh job title of \I. tSA( dURand full authorit} to legull> bind said
compan) to the ternrs of this agreement.
7 "Rcleased Parties- means fit) of Denton. lexas and all of their respective past. present.
and future officials. ofllcers. shareholders. principals, enrplo} ces. independent contractors.
agents. attome) s. legal representatives. predecessors. successors. assigns. insurers. risk
pools. and all persons. firms. and corporations in pri\ iI) \\ ilh the ('ity of Denton. -l’exas.
c\en if those persons or entities are not specificall} named in this Agreenrent. Hone\’er.
for the limited purposes of pro\ isions of this Agreement re\ating to signatures. deliver) ,
( ompromise Settlement Agreement nnd Release of Claims (Opala, LI'C)Page 1 of 10
and/or notice. this term shall be construed as to mean onI) those persons and entities namedas defendants in the lawsuit
Release of Claims and Discharge.
8.In consideration for the pa\ lnent described in Paragraph 12 of this AgRelncnt. Plaintiff
hereb} completel} releases and fore\er discharges and acquits the Released Parties from.
and agrees that the sum so paid shall be in full and anal satisfaclion and colnpromisc of:
all actions. causes of action. claims (including subrogation claims. claims for contribution
or indemnit} as to mono paid in connection \\ hh this settlement) and demands, on account
of. in connection with. or in an} \\a) gro\\ ing out of or relating to an) and all negligence.intentional misconduct. retaliation. \ illlation ofarl\ state or federal statutes or codes. breach
of an) duo of good faith and fair dealing. death. personal injuries. ph)steal or mental
impairment. all incidents and contact with an) Cit) of Denton emplo}ee (or oHlcial orHpresentati te). d3mage to reputation. pain and suffering. grief. herea\ement. loss of
consortium. loss of companionship. damage to familial relationship. mental anguish.
ps) chic injur) . hunliliation. and emotional stress. disfigurement. loss of qualit) of life. loss
of earning capacity. loss of benefits. loss of retirement. loss of household ser\ ices. loss of
wages. loss of back wages. loss of seniorit\. loss of promotional opportunities. loss of
profIts. loss of mona . damage to propeR) . taking of propen) . breach of contract. breach
of lease. attorne} s' fees, court costs. pre. and Inst-judgment interest. and all other causes
of action and damages \\ hether know n or unkno\\ n. past. present. and future, and \\ hcther
heretofore asserted or not. o\\ne,I or possessed b) PlaintifF against an) of said Released
Parties gro\\ ing out oF said incidents or this settlement: or an) e\ ent \\ hich occurred prior
to the date of this settlement. PlaintifTfunher assigns all of the rights and remedies released
in this panrgnrph or arising from the Incident to the Cit) of Denton. 'l-exas. iointly andsc\ crall\ .
t\
b.
PlaintifF represents and uarral IIb that it has not assigned or transferred an> rjght.
title or interest to an) claims. demands. actions. or causes of action released hereb}
In an} person. firm. or business entit}
Plaintitl- understands and agrees that the amount paid under this agreement is full
satisfaction of all injuries and damages arising on account of the at>o\ e-described
events and incident and that it \\-iII recei\c no furrher sums of man,;} therefrom. II
is expressl) understood and agreed that I)laintifFhas alread} paid (or \\ iII resolve
out of the Settlement Pa\ ment) all claims of mona o\\cd or damages from the
incident. including its a\rn dttorne) fees. PlaintifF and its attorneys hereb\
ackno\\ ledge and agree it is their responsihilit} to ensure the satisfaction of all lien
claims. including but not lilnited to workers conlpensation, Medicare. Medicaid.
hospital. medical pro\ ider. and health insurance liens. and child support and famil}
ions from the Settlement Payment. Plaintiff agrees to not assert or prosecute in any
foruln an) further complaints. claims. or lawsuits therefor against anyone
n'homsoc\’er in relation to the Incident(s). u'hether or not herein or other\risenamed. described. or idcntitlcd.
( ompromise Settlement +greement and Release of (:laims (Opnl8. LL(') Page 2 of 10
C l’laintitT llenb) represents and \\arrants to the Released Parties and to the Coun
that no promises. representalions. or agreements not set out herein ha\e been made
to it. that this Agreenlent is executed \\irhout reliance upon an) statement or
representation of an) person or parties released or their repnsentati\ es. concerning
the nature and extent of the injuries. damages and,or legal liabilit} therefor. that
acceptance of the consideration set forth herein is a full accord and satisfaction of
a disputed claim for u-llich liabilit} is expmssl} denied and that this Agwclnent is
made of its n\\ n free \\ ill and accord after consulting \\ iIb and acting upon tIle
ad\ ice of its attorne} .
d.Plaintiff understands this Agreement is in compromise of a doubtful and disputed
claim. and that the pd) ment is not to be construed as an admission of liabilit} on
the part of the persons or enti{ies hereb) released. b) each of nholn liahitit) is
heeb} e\pressl) denied.
C PlaintifF understands that this is an unconditional. unqualified release. and also
includes all claims. attorne}s' fees. or other expenses incurred b\ or on behalf of
the undersigned in connection with the filing and prosecution of the I.a\\suit.
including ta\able court costs.
q.All of Plaintiffs releases in this Agreement are made on behalt-of itself. its estate. and its
respecti\'c past. present. and future attiliates. insureds. agents. principals. ser\'anls. legal
npresen£ati\es. emplo}ecs. predecessors. successors. attorne} s. assigns. heirs. insurers.
and all persons. firms, or corporations in pri\ it} \\ ith an) of them. even if those persons or
entities are not spccincall) named in this Agreement.
In In consideralion for PlaintitTdisrnissing its current lau suit with prejudice and Plaintitl-s
releases as set forth aba\e. Cit) compleleI} releases and fore\er discharges and acquits
Plaintiff from all actions. causes of action. claims (including subrogarion claims. claims
for contribution or indemnit} as to mane) paid in connection \\hh this settlement) and
denlands. on accounl of. in connection \\ ith. or in an} \\a) gro\\ ing out ol- or relating to
an) and all breach of contrac I. negligence, intentional misconduct. retaliation. violatitln ot
an) state or federal statutes or codes. breach of an) dut} of good faith and fair dealing.
dcatl1. personal injuries. ph) sical or mental impairment. all incidents and contact \\ iIb an)
Opala elnplo} ee (or otncial or representati tc). damage to repulation. loss of profIts. loss
of incIte) . damage to propeR) . taking of propcn} . breach of contrdcl. breach of lease.
attorne} s' fees. court costs. pre- and post-judgment interest. and all other causes of action
and damages \\ hether know n or unkno\\ n. past. present, and future. and u hethcr heretofore
asserted or not. owned or possessed b\ C-iI) against C)pala gro\\ ing our of said incidents or
this settlement: or an) e\ent which occurred prior to the date of this settlement. Cit) further
assigns all of the rights and remedies released in this paragraph or arising from the Incident
to Opala. }ointl} and sc\traII) ,
C'ompromi sc Settlement Agreenrent and Release of('l8ims (Opnla, LLC )Page 3 of 10
a.
b.
C-it) represents and \\ anants that it has not assigned or transferred an) right. titlc
or interest to an) claims. demands. actions. or causes of action released hereb) to
an) person. firm. or business entit} .
Cit) hereb) represents and warrants to C)paId and to the Coun that no promises.
representations. or agreements not set out herein ha\c bccn made to it. that this
Agreement is executed uithout reliance upon an) statement or representation ot
an) person or parties released or their representatives. concerning the nature and
extent ot'thc injuries. damages and ’or legal liabilit} therefor. that acceptance of the
consideration set forth herein is a full accord and satisfaction of a disputed clain1
for which liabilit\ is e\pnssl) denied and that this Agreement is made of its own
free \\ ill and accord after consulting n itIl and acting upon the ad\ icc of its anorne} .
C Cit) understands that this is an unconditional. unqualified release. and also includes
all claims. attorne bs- fees. or other expenses incurred h) or on behalf of the
undersigned in connection \\ itIl the defending of the La\\suit. including la\able
court COStS .
11 All of ( it) -s releases in this Agrccnrenl are made on behalf of itself. its estate. and its
respecti\e past. present. and future at111iates. insureds. agenls. principals. ser\ants. legal
representati\cs. emplo lees. predecessors. successors. attome} s. assigns. heirs. insurers.
and all persons. arms. or corporations in pri\ it} \\ itIl an) of them. c\ cn if those persons Ol
entities are not specillcdll} named in this Agreement.
Payment.
12.Cit) of Denton must pa} S250.000.0(b wfencd to as the "Sculcmenl Pa\ ment- . in the
fornr ofa check in the amount of 525(i.000.00 to OpaId. LLC and lledrick ICring Baile} .Pl_LC. and must deli\ er Settlement Pa\ ment to the ofFice oF Ke\ in G. Carconrn nfl ledrick
Kring Baile) . Pl.LC. (-Plaintiffs Counsel-). t 700 Pacific Ave ++650 Dallas . I'X 7520 1
- uithin three necks of receipt of the original full) c\ccuted Agreement to the C)f11ce ot
the Cit\ .-\ttornc}. 2 IS F. \lcKinnc\. Denton. Tc\as 76201. 1-o be considered full\
c\ecutcd. the Agreement must be (i) signed and dated b) PlaintifT before a notar) public.
(ii) signed b) Plaintiff's legal counsel. and I iii ) signed b) the Released Parties atter formal
Cit) Council approval. Plaintiff's Counsel shall promptl) pro\ ide Released Parties with
notice confirming receipt of the Settlement Pa) ment on behalf of Plaintiff and declaring
the exact amount received. Is there an expected date for Council appro\ al'.’
Dismissal u ith Prejudice.
Plaintiff \\ iII nIe a \oluntar} dismissal or nonsuil. \\ itIl prejudicc. of its lawsuit againsl thc
C'it} of Denton. C )put,I. /,I( ' t'. ( T(I' ol DctIltlrr. Cause No. 21-6356.431 (431 ’1 Judicial
District. Denton Count) ). \\ ithin se\ cn ( 7) business da) s follow ing receipt of pa) ment.
(-ompromi5c Settlement .'\grcenlcnt and Release of('l8ilns (Opnla. LL(-)Page 4 of 10
Other Payments, Costs, and Expenses.
14 Except for the Settlenlcnt Pa) ment. Released Parties are not obligated to nlake an> other
pa)ments and the Parties must bear their own court costs. aKorne} tees. and an) other
expenses incurred in the Lawsuit or relating to the Incident.
\\'arran ties.
PlaintitT \\ arranls thaI:
a.
h
C
it has full capacit) and authorit) to execute the Agreement:
it has not assigned or transferred an) rights or claims for damages that it is releasing
in this Agreement:
there are no outstanding or unpaid . in \\ hole or in part - subrogaLion claims th,it
relate in an} \\ a) to the incidents a\leged in the la\\su St: and I
i. 1-here are no liens . equitable, cnnrnlon-la\\ . or statutor} - ttlat relate in an)
\\ ay to the Incidents alleged in the Iau suit.
ii. PlaintifF has obtained – and filed \\ ith the proper oRlcel s) – a full and llnal
release of an) liens - equitable. common-la\\ . or statutor} . \\ hictr IIa\ c attached Ol
could attach to an) consideration given in tIlis Agreement. or \\ hicll could forn1 thc
basis of an) claim or perlall) against the Released Parties.
d It is expressl} warranted that Plaintiff has paid. or out of said sum. \\ iII pa) or
satisf'} . an) outsranding liens. an) liens under the Texas I'dmil} Code. child support
and tamil} liens. hospital liens. claims. medical insurance subrogation claims.
propen} damage subrogat ion claims. atlorne} liens. and subrugation intereqs ot
an> nature. past. present. and future arising out of or relating to the Incident.
C PI ' 41 \TIFF AGREES TO DEFE \ De IIO !,D IIAR XII,ESS AND IXDE \1 \ if \ 1 HE REI, EASED
P+RTl£s rRO sl TIlt: 1'+\\l£ST. ASD roR Tn[ n£r£\st. I\CLI DI\C, £\p£\sts
.\\DRE..\SO\ ABLE ATI-OR\E\ S' FEES, OF A\\ ,\\D Al.I. St ( II ('I_+ISIS FOR I,OSS OF
(•O\SORTII Nlt PS\C•IIK- 1 \Jt R\ 9 \IE\ TAI, \ \GI ISII \ \ D/OR D.\ \IAG E TO TIlt
FA \III.I +l. REI,A'l IO\SHIP.
Indcmnit\ .
16.IN THIS AGREEBI ENT+ nI NOt\I\IF\ n \IEANS TIIE DI 1 \ IO Ft 1,1,\ -\ \ D I}I\IEDIAI EL\
RLI\InI RSt RtI.tAStD P+RTItS rOR TH£ R£Lt4S£D PARTI£S’ :
'\+(’OSTS OF COI RT. 4TI OR.\ t\ FEES, AND A\\ 01 III:R tAPE\SES IN( t'RRED IX AS\
1 \ PE OF 1.EGAI. DEFt\St:
( ompromlse Settlement Agreement IInd Rclcnsc of Claims (Op ata, LL(')Page 5 or in
B. ('OSIS Ot (Ot RT. +1-TORNt\ tLbS. {\D +\\ 01 HER t\Pr\srs I\(IRRED l\F \ FORt- 1 \C OR ITTE \IPI 1 \G TO E \ FORCE AS\ OF TIII S AGREE HE \ F qS
1\DE\l\11 \ PRO\ 1510\S:
( . OBI.IG \TIO\, DEBT, PA\ \IF\'I . SETTI.E\l£\'T, OR Jt'DC NtEXT.
17. PI,+t\ III;I \GREES IO INDESI\If\ \\D HOI.D H +R\II,ESS RELEASED PARTIES I\
('O\\[('l'lO\ \\ IIII {\\ ('L AISIS. ('Ot'\'TER( 1. II\I. PRO(’£EDl\G. DE\t \\D. I_ A\\St 11.\("l'lO\. OR (' \t St OF A( TIC)\' IH,\T:
q+ Rtl -\TED I \ '\ \ \ \\ A\ TO THE l\(• IDENTS ILL EG ED I \ IIII s L \ \\ st IT \ \ D IS
BROt GIIT B\ OR O\ BEll '\LF Of:
I. PL.\t STIFF. Pl..+1\TIFr’s £ST.q-rt, ..\\D/OR PLxlXTlrF's n£IRS OR XSSIG\S:
lie \ \ \ PERSO\'q ORCA \ IZ+ T IO\q OR E \ TII \ {SSL R 11 \(; OR ATTF \t PII \(; FO
ASSF,R1 \ IIE\ - EQUITABLE. ( OH)10 b-L+\\ . OR st .\It it)R\ - \G .\I\SI
1 II£ R£Lt.\StD PARTI£S; OR
III, \ \ \ PERSO\ q ORG + \ IZ + TID\+ OR EXI'11 \ \SSERI I \C OR '\1 IL\IPI'l \(I IO\sstR'r + S(-BROC'\llO\ ( 1.41\I +c+1\sr rllt Rl:l.t: \sLr] P\RTl£S;
Ba IS \OT B ROt GIfT R\ OR O\ BEII + 1.F OF THE REI,EXSED PARTIES + \ D CO \ 1 AI \\'\ 1, iaEa + TIO\S OR 51 '\TE \IE \TS TH A1 1 \ A \ \ \\ .\ \ ('o\ Flag ( 1 \\ I1 11 \ \ \ (IF IHtPL+I\TIFF'S \\ XRR4\1’ItS 1\ TIIIS .+CR£t\It\T:
( . IS BROtCHT B\' ORO\ BtH.41.r OF TIIt R£Lt\StD PXRTItS TO t\I;OR( t A\\ OI
TIIIS ACRt£\It\T'S I\D£\l\In PRO\ 1516\S;
De IS BRI)t t; III B\ OR o\ BEll Al.t OF \ \ \ GO\ [ R\ \th \ 1 OR 1 A \ 1 \(; F\'TIT \
\SSERTI \G A I .\ \ OBl41 GAI IO\+ 1 \ T tRES Iq PE\ \ t +1 \ OR O'l HER OBI. IG '\ I IO>
4Rlbl\a rRo\1 PA\ )ILX-1 ti} lllb SLI I LL\It\ 1 1>Ito( tI:ns: OR
F,, IS BROt GH T B\ OR O\ BEI{ \l+l' OF \\ \ GO\'ER\\l£\'TA I. E\TIT\ SEEK I \(;
R£l\IBt Rs£ut\r or PAIn \to\t_ 1 .\n\ B£\£rITS roR u lllc II Pl. II\TIFF XllCHIat D£rtR\11\tD l\£LICIBL£ qs A (’o\s£Qt t\c t or £ITlIER Tllr l\CIDt\1 OR
I IllS SFI'T I,t\I t\T.
1.imited Confidentialit} .
18. Plaintiff. joined b) its attorne}s. famil}. and agents. warrants thaI the tcrnls of this
Agreement shall be kept conndentiall} h) them. except thal thc matter \\,is resol\cd
\\ithout an) finding of urongdoing b) the Released Parties. The undersigned agree that
said persons shall not talk. discuss. release, publish. or other\\ ise make kno\\ n to an>one.
including rcpresentati\ cs of the press. new media. radio. tele\ ision. internet. social media.
or other persons with the purpose of disclosure of the terms of this agreement. unless
required b) a court of competent jurisdicticin. PlaintifF recognizes dIal Cit) of !)enton. is
obligated to colnpl} with the 'I’exas Public Information Act,’Texas Open Records Act
( omproruisc Settlement Agreement and Release of C-Iirims (Opala, LL( ) Page 6 of 10
and'or Open Meetings Act. and ina) pro\ ide inI’urInation about this Agrcclnent. consistent
\\ ilh those obligations
Go\'erning Lat\ and Venue.
19.In the case that a dispute should arise regarding the Agreetnent or an) of its pro\ isions. the
Parties agree that its terms and pro\ isions are to be construed solel} in accordance \\ ith the
la\\ s of the State of Texas. and that an) law suit \\ h ich in\ol vcs this Agreement {directl) or
indirecll} ). or an) pro\ ision of this Agreement. ma) onI) be filed and litigaled in a court
of competent jurisdiction in Denton Counl} . 1-exas.
Additional Documents.
20.All Parties agree to cooperate full) and execute an) and all supplementar} documents and
to take all additional actions which ma) be necessar} or appropriate to give full force and
efFect to the basic terms and intent of this Agreement. This Agreement ma) be executed in
multiple counterparts. with reproduced signature pages attached as necessar) to evidence
appro\d. Scanned or photocopied copies of this docunlent shall be regarded as duplicate
originals. Full copies of this Agreement and all signature pages shall be deli\ered to all
Parties through their respective legal counsel
Entire Agreement and Successors in Interest.
II I-he Agreement contains the entire agreement and understanding bet\\cen the Parties. is
contractual and not mere recital. and shall be binding upon and inure to the benefit of the
Parties. I his Agnenrent renders an) inconsistent prior agreemenls and understandings
bet\\ecn the Parties \eid. The Parties do not intend an) third-part) bencRciarics of this
Agnenlent (sa\c and except those described in the definition of Released Parties aEo\c)
and no person or entit} other than Plaintiff shall be capable of demanding perfornrance of
an) obligation set forth herein from the Cit\ of Denton or of claiming an\ damages
therefrom arising from this Agreement.
Advice of Counsel.
22.fhe Parties have had the assistance and ad\ ice of independent legal counsel throughout the
negotiations leading to the Agrecrnent. and the) ha\e read the Agreement and consulted
\\ itIl their respective counsel regarding the meaning and eFfect of the AgNenlenl. 1 hc
Agreement has been jointl) drafted and is not meant to be more strictl} construed against
one Part) than another
PlaintitT represents that it has relied upon the advice of its independent legal counsel
ct)ncel'n ing the legal and inconre ta\ consequences of this Agreement and that the terms of
this Agreement are full) understood and voluntaril} accepted b) them.
Effectiveness.
24.I his Agreement shall become effecti\c immediatel\ foIIo\\ ing c\ecution b\ each of the
Parties. All provisions u hich do not include an express date for performance b) a Pan) are
('ornpromise Settlement .\grecmcnl and Release of('laims (C)paId, LL(')Page 7 of 10
intended to be perpetual. Inaction ot-a Part) regarding any breach of this Agreement shall
not be consLrued as \\ai\ cr or release of another Part) -s rights to demand pcrforlnancc or
seek damages. regardless as in whether such inaction is deliberate or inad\ertent. nor shall
an) such inaction \\ idl respect to an individual e\ ent of breach constitute an} \\ ai\ er of an
aggrie\ed Part) 's right to pursue enforcement or damages u ith respect to an) other e\ cnt
of breach .
Modifications.
250 I-he Agreement cannot be changed or terminated except b) a subsequent agreement in
writing that is signed b) all the Parties.
Invalid Pro\ isions.
:6.If an) Part) of this Agreement is for an) reason found to be in\alid. illegal. or
unenforceable. all other parts ne\ enllelcss remain valid. legal. and enforceable.
Headings.
27.I-he headings to the provisions of the Agreement are solel) for the con\cnience of reference
and are not to be construed as terms of this Agrcenlcnt.
No Other Representations.
28 Other than the written representations nrade in this Agreement. there are no other
representations related to the Agrecnrent and the Parties do not ret) on an) other
representations in e\ecuting this Agnernenl.
Notice.
29.Released Parties can satisf} an) notice or deli\ ci) requirement of this Agnenlent through
PlaintifFs Counsel. unless and until PlaintifFprovid,•s \\ ri IIen notice of a new designce for
notice to Plaintiff- in a signed and notarized document deli\ered to all Released Parties.
PlaintitT can satisf) an\ notice requirement arising from this Agreement through legal
counsel for the Released Parties or their respecti\c designecs. After this Agreement
becomes cfFccti\c. if an) of the Partics becomes aware that an) claim. dispute. or other
proceeding relating to the Incident or this AgHcnlenl ib being alleged or asserted b) an)
third part) againsl one or more other Parties. the) shall use reasonable cfR)Ils to pro\ idc
notice of same to the other Parties as soon as practicable
('ompromise Settlement Agreement and Release of ('lnilns (t)paIn. LL(-)Page 8 of 10
PI A IN 1 ll 1 Ski\A II iRI ::
(lpala. 1 1,C Date of Signature:J C 2 le q ?_ C,
IIU\ GM_ A
BEFORE XII,. the undersigned authorit) . on thi', da) personall} appeared
I IIL _ (TuI _______. representative of Opala. LLC. \\ ho is kno\\n to me to be the person
whose name is subscribed to the foregoing instrument. nha is personal!) known b) mc or b)
pro\iding jylb&r IIcense ’_ byu as qualit:\ ing identification.
A,GIVEN L:\DER MY HAND AND SEAL OF OFFICE THIS dr ' DA\' OFTX@aaa#x , 2022. M ––
SAUANT}a ANtI 60SMA
M mI TRialimal
I. the undersigned anorne) for PlaintifTOpala. I I (’. do hereb} cenit} that OpaId. I I'(' has
stated to inc that it has read each and e\ er) word of the foregOID& instrument and lhul il.ulrderstancb
its contents and cfTect: and as PlaintifFs auorne) . I approi,c the settlement entered into. Moreover.
I recognize and ackno\\ ledge that the negotiated
afnrmati\c obligations upon me as an indi\ idual
that paragraph.
in ParagraphF;=:"U:12 plac
bg out the obligations
.+H P.++al
PI. I (iFCmMuaT€MiKa3aite}
Attorne} s t-(Ir Plaint itT ( >naIa. 1'1 _C
( ompromise SettlenIent Agreement and Release of ('laims (Opulu, I.I.(-) Page 9 of 10
Cl 1 Y Ol' DI INTO\. IL.X4S
SIGN AT t 'R Ii:
,.„ .,si,„„.„, IJ +1 ) 22-ant:+aNIANAGF R
'cnlon. Texas
Per delegated authorit\
BIll ORE \1L. the undersigned authorit) . on ttlis da) per50nall\ appeared Sara llcnsle) ,
knob it to me to be thc person \\ hose name is subscribed to the foregoing instrument. \\ho is
pcrsonall} known to nIC or b) pro\ iding lffl'Lfn _ as qualif} ing identification.
SEAL OF OFF I(-L TIllS #7/gaY OI\'t\’ ll.XXI) A\I)
20’)1
a\otar\f-iGie7Fixu\
AIIPRO\’LD AS TO l_EG Al. I t >R\t
\tACK RFI \' \\' AND, (-IT \' A I I-OR\ E \
B\
Caleb Garcia
C-ompromise Settlement Agreement and Release of ('laims (OpaIn, LL(-) Page 10 of it)