페이지 정보작성자 정적 작성일18-10-01 22:50 조회2,598회 댓글3건
- Effective Date. This Settlement Agreement is effective as of the date a fully executed Settlement Agreement signed by all of the Parties is exchanged among the Parties by and through their respective counsel (“Effective Date”).
- Dismissal of the Actions. Within fifteen (15) business days of the Effective Date:
- Specific Performance. The Parties acknowledge and agree that any one of them would be damaged irreparably in the event any of the provisions of Section 3 of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, in the event of a breach of Section 3 by any one Defendant, the Plaintiff who was disparaged shall be entitled to an injunction or injunctions against the breaching Defendant to prevent further breaches of Section 3 of this Agreement and to enforce specifically Section 3 of this Agreement in the Superior Court of California for the County of Los Angeles. In the event of a breach of Section 3 by any one Plaintiff, the Defendant who was disparaged shall be entitled to an injunction or injunctions against the breaching Plaintiff to prevent further breaches of Section 3 of this Agreement and to enforce specifically Section 3 of this Agreement in the Superior Court of California for the County of Los Angeles.
- Liquidated Damages for Breach. In addition to the equitable remedies specified in this Section, the Parties hereby acknowledge and agree that in the event any one of them fails to comply with any of the terms or provisions of Section 3 of this Agreement, the damages would be extremely uncertain and would be impractical and difficult to accurately ascertain. Accordingly, the Parties agree that in the event of a breach of any provision of Section 3 by any one Defendant, the Plaintiff who was disparaged shall be entitled to liquidated damages from the breaching Defendant in the amount of $36,000, and reasonable costs and attorneys’ fees. In the event of a breach of any provision of Section 3 by any one Plaintiff, the Defendant who was disparaged shall be entitled to liquidated damages from the breaching Plaintiff in the amount of $36,000, and reasonable costs and attorneys’ fees. The Parties hereby warrant that they have been represented by counsel in negotiating and effecting this provision, and the parties agree that the amounts specified herein are in all respects fair, reasonable, and proportional.
- Contingent Stipulated Permanent Injunction and Monetary Judgment.
- Plaintiffs’ Release of Defendants. Upon the Effective Date of this Settlement Agreement, Plaintiffs release and forever discharge Defendants and their past and present directors, managers, officers, shareholders, their affiliates, predecessors, successors, and assigns, and their attorneys (including but not limited to: (1) Dahiya Law Office, LLC, Karamvir Dahiya, Esq.; and (2) LK Professional Law Group, and Jamie Jiyoon Kim, Esq.), and each of them, separately and collectively, from any and all existing claims, liens, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever, whether or not now known, suspected, or claimed, that it ever had, now has, or may claim to have had against Defendants relating to any matter whatsoever (including, but not limited to, any included in, relating to, or arising out of the Actions) up to and including the Effective Date.
- Defendants’ Release of Plaintiffs. Upon the Effective Date of this Settlement Agreement, Defendants release and forever discharge Plaintiffs and their past and present directors, managers, officers, shareholders, their affiliates, predecessors, successors, and assigns, and their attorneys (including but not limited to: (1) Kim & Bae, P.C., B. J. Kim, Esq., William J. Volonte, Esq., Alan L. Poliner, Esq.; (2) Lesley Davis Law Firm, Lesley B. Davis, Esq.; and (3) Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C., Paul S. Chan, Esq., Ekwan E. Rhow, Esq., David I. Hurwitz, Esq., Fanxi Wang, Esq., and Grace W. Kang, Esq.), and each of them, separately and collectively, from any and all existing claims, liens demands, causes of action, obligations, damages, and liabilities of any nature whatsoever, whether or not now known, suspected, or claimed, that he ever had, now has, or may claim to have had against Plaintiffs relating to any matter whatsoever (including, but not limited to, any included in, relating to, or arising out of the Actions) up to and including the Effective Date.
- Known and Unknown Claims. The general releases in this Settlement Agreement extend to all claims that the Parties do not know or suspect to exist in their favor, which, if known by the Parties, would have materially affected their decision to enter into this Settlement Agreement. The Parties acknowledge that they are familiar with Section 1542 of the California Civil Code, which provides as follows:
- Attorneys’ Fees and Costs for the Actions. The Parties will bear their own respective attorneys’ fees and costs in connection with the Actions.
- Confidentiality. The Parties acknowledge and agree that the terms and provisions of this Agreement were made in confidence and shall remain confidential. The Parties agree that they shall not knowingly disclose, privately or publicly, or knowingly cause or allow to be disclosed, privately or publicly, any of the terms or provisions of this Agreement to any person or entity, except as required by law or as necessary to comply with the law in the event that legal proceedings are commenced to enforce any obligations of a party to the Agreement. It is expressly agreed that the Agreement is admissible in the event that a proceeding is brought to enforce the terms of the Agreement.
- Notices. Any notice required or permitted by this Agreement shall be in writing and shall be sent by a reliable overnight courier service or by registered or certified mail, return receipt requested to the other Party at the address below or to such other address for which such Party shall give notice hereunder. Such notice shall be deemed to have been given one (1) day after the date of sending if by overnight courier service, or five (5) days after the date of sending by registered or certified mail.
- Representations and Warranties. Each Party represents and warrants that it has the sole right and exclusive authority to execute this Settlement Agreement on behalf of such Party. Each Party further represents and warrants that it has read this Settlement Agreement in its entirety and fully understands and agrees to it.
- Choice of Law and Dispute Resolution. This Settlement Agreement shall be governed by, and is to be interpreted according to, the laws of the State of California without giving effect to the conflict of law principles thereof. In any action to enforce the terms of this Settlement Agreement, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs, including experts fees and costs.
- Settlement Agreement Binding. This Settlement Agreement shall be binding upon and inure to the benefit of the Parties and their respective owners, shareholders, affiliates, subsidiaries, officers, directors, agents, successors, and assigns.
- No Admission of Wrongdoing. This Settlement Agreement, whether or not consummated, its execution or delivery, any negotiations relating thereto, and any actions taken pursuant to it, do not constitute, and shall not be construed as, an admission or acknowledgment by either party of any liability whatsoever to the other party or any other person or entity.
- No Construction against Drafter. For purposes of any action arising out of the application, interpretation, or alleged breach of this Settlement Agreement brought by either Party, each Party waives California Civil Code Section 1654, any other statutory or common law principle of similar effect, and any judicial interpretation of this Settlement Agreement that would create a presumption against any other Party as a result of its having drafted any provision of this Settlement Agreement. Counsel for the respective Parties have reviewed and revised this Settlement Agreement, and there shall not be applied any rule construing ambiguities against the drafting Party or Parties.
- Severability. The provisions of this Settlement Agreement are severable, and if any part of it is found to be unenforceable, the other parts shall remain fully valid and enforceable, unless the provision found to be unenforceable is of such material effect that this Settlement Agreement cannot be performed in accordance with the intent of the Parties in absence of any such provision.
- Entire Agreement. This Settlement Agreement contains the entire understanding and complete agreement of the Parties with respect to the subject matter of this Settlement Agreement, and all understandings and agreements, if any, previously reached among the Parties are merged into this Settlement Agreement. No amendment or modification of this Settlement Agreement shall be valid or binding upon the Parties unless made in writing and executed by all Parties.
- Headings. The headings contained in this Settlement Agreement are for reference only and shall not affect the meaning of any of the provisions of this Settlement Agreement.
- Counterparts. This Settlement Agreement may be executed in any number of counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument. Execution of a copy shall have the same force and effect as execution of an original.
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지금도 조지고 있구요 ㅎㅎㅎㅎ
저,,,,, 넘들 조져 버려요
거짓은 만죄의 근원이라고 하셨는데ㅡ우얄라꼬 그라는동~ㅋ
예전에는 태을주 수행을 하면서 남을 원망하고 저주하는 기도를 드리지 마라 그리하면 화를 입는다고 본인들이 주장했으면서 정작 그런주장을 한 종단에서 저주기도를 햇다는 소문도 있다지요.