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and assigns, does hereby fully and forever release, acquit and discharge
heirs, executors, administrators, agents, successors and assigns, from any and
all claims, demands, rights, actions, causes of action and/or suits, at law or in
any way arising from injuries, damages, disabilities and/or losses to both
person and property, which have resulted or may in the future develop as a
result of any acts or omissions relating to the auto accident that occurred at or
near the intersection of State Route 348 and Owensville Road in the City of Rush,
Scioto County, Ohio on or about October 9, 2006, including any and all claims
on the docket of the Scioto County Court of Common Pleas styled, “Anne
expressly intends to fully remise, release, acquit and forever discharge any and all
past, present and future claims, demands, rights, liens, actions, causes of action,
suits, damages, judgments, liabilities, controversies, obligations, compensation,
whatsoever kind and nature, whether based in tort, equity, contract, statute,
regulation or otherwise, and whether same could have been brought before any
court, administrative board, body, agency or any other forum, and all
vested and contingent, suspected or not, and any other claims that the
undersigned asserted or may have asserted in the aforesaid civil action, or which
resulted or may in the future develop as a result of any acts or omissions related
to the aforesaid accident, together with any claims and suits in connection with the
instrument and the settlement embodied herein, the undersigned has taken into
consideration not only ascertained injuries, disabilities, damages and losses, but
also any not yet ascertained injuries, disabilities, damages and losses, and the
possibility that any such sustained may be permanent and progressive and
anticipated may hereafter result; and, that the undersigned has relied wholly
upon her own judgment, belief and knowledge and has not to any extent
any person and entity and/or any other manners, made by persons, firms or
be fully and solely responsible for the negotiation, compromise and satisfaction
entities, including, but not limited to the claim for medical payments of State
Farm Mutual Automobile Insurance Company, and does hereby agree to save,
defend, indemnity and hold harmless Jonathan Throckmorton and Safe Auto
Insurance Company, from and against any and all further such liens, claims,
judgments, costs, expenses and attorney’s fees, known and unknown, made
including all amount which have or may at any time be asserted, claimed,
accident. Said indemnification shall include all attorney fees, costs and other
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IT IS FURTHER UNDERSTOOD AND AGREED that, regardless of the passage
of time between the date of settlement or execution of this instrument and the
date that payment is actually made or received, Jonathan Throckmorton and Safe
Auto Insurance Company shall never be obligated to pay any interest or additional
sums, and that neither Ohio R.C. § 1343.03 nor the holding of Hartmann v. Duffey
(2002), 95 Ohio St. 3d 456, which may allow interest to accrue on the amount of
claims, that the consideration reflected herein is made solely to terminate further
the full, final and complete agreement and understanding between the parties;
herein; that no promise, inducement or agreement not herein expressed has been
made; and, that the terms and conditions herein are contractual and not a mere
recital.
documentation necessary to dismiss with prejudice all claims and suits filed by or
on behalf of the undersigned as a result of the aforesaid accident; that she has
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been fully compensated for all damages and the consideration reflected herein
constitutes payment in full satisfaction of any and all claims; and, that she shall
keep all terms and conditions of this release and the settlement embodied herein
confidential.
___________________ ___________________________________
DATE ANNE FUHRMANN
STATE OF OHIO )
SS:
COUNTY OF SCIOTO )
_________________________________
NOTARY PUBLIC