paraphrase needed (law assignment)

Agreement between King carter and kelly woods

regarding the contract negotiaion on april 9, 2016

This Agreement (“Agreement”) is entered into and made effective as of the date of last signature below (the “Effective Date”) between, Kelly Woods and King Carter (hereinafter referred to as the “Parties.”)

Recitals

A. The Parties entered into a valid marriage in 2015 in Las Vegas, Nevada.

B. Since then, the Parties have agreed to legally separate subject to the terms and conditions of this Agreement.

AGREEMENT

The Parties agree as follows:

1. Subject Matter.  Under this agreement the Parties shall legally separate and perform their obligations under this Agreement to avoid any further litigation.

2. Payment of Settlement Amount. King Carter shall pay Kelly Woods the monthly sum of $10,000.00 to Kelly Woods (the “Settlement Payment”), from the Effective Date of this Agreement until the conclusion of their realty show (“Reality Show”), Each monthly payment is payable without any deduction for attorney fees, court costs, taxes, or similar expenses, and will be paid on or before 30 days after Kelly Woods has executed this Agreement. This Settlement Payment will be payable to the “Law Offices of( XXXXX), Client Trust Account, as payment for costs and expenses.

3. Pets. As a condition to this Agreement and payment of Settlement Payment, the Parties agree that Kelly Woods will deliver “Jewel,” their pet dog to King Carter no later than May 1, 2016. Kelly Woods will retain possession and ownership of “Vincent,” their other pet dog. Additionally, any time King Carter travels, Kelly Woods will care for “Jewel” with the same degree of love and affection that she would with her own pet.

4. Reality Show. As a condition to this Agreement and payment of Settlement Payment, the Parties agree that they will participate in a realty show as a married couple and the fact of their legal separation shall remain confidential throughout the duration of the reality show.

5. Social Media.

5.1 As a condition to this Agreement and payment of Settlement Payment, Kelly Woods agrees to remove and delete any and all pictures, text, media, or documents, from all social media accounts. Proof of deletion shall be emailed to Counsel for King Carter at [email protected]. . Further, Kelly Woods promises to never upload or post any pictures, text, media, or documents referencing King Carter or this Agreement.

5.2 As a condition to this Agreement, King Carter agrees to issue an apology letter to Kelly Woods. Furthermore, remove and delete any and all pictures, text, media, or documents, from all social media accounts. Proof of deletion shall be emailed to Counsel for Kelly Woods at [email protected]. Further, King Carter promises to never upload or post any pictures, text, media, or documents referencing Kelly Woods or this Agreement.

6. Mutual Release.

5.1. In consideration of the promises and undertakings in this Agreement, Kelly Woods, hereby forever releases and discharges King Carter from any and all claims, demands, indebtedness, agreements, promises, obligations, damages or liabilities, costs, expenses (including attorneys’ fees or liens), and causes of action in law or in equity, of any kind, whether known or unknown, suspected or unsuspected, fixed or contingent, asserted or unasserted, arising or existing on or before the date of this Agreement.

5.2. In consideration of the promises and undertakings in this Agreement, King Carter, hereby forever release and discharge Kelly Woods from any and all claims, demands, indebtedness, agreements, promises, obligations, damages or liabilities, costs, expenses (including attorneys’ fees or liens), and causes of action in law or in equity, of any kind, whether known or unknown, suspected or unsuspected, fixed or contingent, asserted or unasserted, arising or existing on or before the date of this Agreement.

7. Section 1542 Waiver. Each party, hereby expressly waives any and all rights and benefits conferred by Section 1542 of the California Civil Code, which provides:

“A general release does not extend to claims which the Plaintiff does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the Defendant.”

8. No Admissions of Liability. It is expressly understood that this Agreement and the settlement it represents are entered into solely for the purpose of allowing the Parties to avoid the expenses of litigation. This Agreement constitutes the compromise of disputed claims and that this Agreement is not and should not be considered or construed as an admission of any liability or wrongdoing on the part of the Parties to this Agreement, and the Parties deny that they have in any respect violated or abridged any Federal, State, or local law or any tort, contractual or other right or obligation, or otherwise.

9. Representations, Warranties, and Covenants. King Carter hereby represents, warrants, and covenants that:

a. The Settlement Payment constitutes the full and entire consideration, compensation, indemnification, or reimbursement, which Kelly Woods is entitled to receive from King Carter for any and all claims that Kelly Woods may have against King Carter.

b. No other valid agreements, written or oral, exist between the Parties with respect to the subject matter hereof, or otherwise, and any and all prior written or oral negotiations or agreements between the Parties.

10. Confidentiality. Subject to any obligation to comply with (a) any law, statute, regulation, ordinance, requirement, announcement or other binding action or requirement of any governmental, regulatory or administrative body, agency or authority, any court of judicial authority, any arbitrator or any public, private or industry regulatory authority, whether international, national, federal, state or local (each, an “Authority”) or any decree, order, judgment, writ, award, injunction, rule or consent of or by an Authority or (b) in compliance with permitted disclosure to the party’s attorney, and licensed tax advisor, all information obtained by the Parties pursuant to this Agreement, and all of the terms and conditions of this Agreement, shall be kept in confidence by the party, and the party shall cause his or her legal counsel, licensed tax advisor, and accountant to hold such information confidential. Such confidentiality shall be maintained to the same degree as the party maintains his or her own confidential information and shall be maintained until such time, if any, as any such data or information either is, or becomes, published or a matter of public knowledge; provided, however, that the foregoing shall not apply to any information received from a third party not under any obligation to keep such information confidential. In relation to sub-clause (b), any disclosure or communication of the contents of or any term or provision contained in this Agreement by his or her attorney, licensed tax advisor, or accountant shall be treated as a disclosure or communication by that Party and shall be a breach of this Agreement. This Section 9 is indefinite and shall continue even in the event of any breach or termination of this Agreement. Notwithstanding the foregoing, if either party is asked about the subject matter of this Agreement, the party may provide a response limited to the statement, “Everything has been resolved.”

11. No Payment of Taxes. The Parties makes no representation or warranties with respect to the tax consequences of the Settlement Payment. The Parties understand that he or she shall be solely responsible for the payment, if any, of all federal, state, and local taxes on the payments provided for in this Agreement.

12. Miscellaneous Provisions.

a. Mutual Representations, Warranties, and Covenants. Each of the Parties represents, warrants, and covenants that:

i. It has read this Agreement and has reviewed this Settlement Agreement with their respective independent legal counsel;

ii. This Agreement were jointly negotiated by the Parties and they accepts any rule of law, including but not limited to, Civil Code § 1654, and any legal decisions that would require interpretation of any claimed ambiguities in this Agreement against the drafting party shall have no application;

iii. It has not entered into this Agreement with reliance upon any statement, representation or warranty, other than the statements made in this Agreement;

iv.  No other party, not any agent of any party, has made any promise, representation or warranty whatsoever, express or implied, not set forth in this Agreement with respect to the subject matter of the Settlement Agreement

v. That there have been and are no other agreements or understanding between Parties relating to the subject matter of this Settlement Agreement

vi. It has not made any assignment, sale or transfer, by operation of law or otherwise, of any claim, right or interest released or settled herein; and

vii. This Agreement shall be legally enforceable and binding on the Parties and their respective successors, personal representatives, heirs, and assigns.

13. No Attorney’s Fees. Each party to this Agreement shall bear his or her own attorney’s fees and costs in connection with the Action, the preparation of this Agreement, and any related matters. In the event of any action for breach of, enforcement of, interpretation of, or rescinding of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

14. Notices. All notices related to this Agreement must be in writing, duly signed by the party giving the notice, and must be delivered, mailed by registered or certified mail, or by electronic mail, to the following addresses:

King Carter:

Kelly Woods:

15. General provisions.

14.1 Applicable Law; Venue. This Agreement shall be governed, construed, and administered according to the laws of California. No effect is given to any choice-of- law or conflict-of-law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the law of any jurisdiction other than those of the State of California. In the event of a dispute arising between the Parties to this Agreement, venue shall be limited to Los Angeles, California. Parties expressly waive any claim to jurisdiction in any federal forum.

14.2 Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of this Agreement are to be construed as if the invalid provision had never been included in this Agreement.

14.3 Amendments. This Agreement may not be altered, amended, modified, or otherwise changed in any respect whatsoever except by a writing duly executed by an authorized representative of each of the Parties.

14.4 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any and all prior and contemporaneous understandings, negotiations, agreements, representations, and warranties between the Parties to this Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.

Kelly Woods

DATE:

King Carter

DATE: