HomeMy WebLinkAboutCommissioners - Settlement & Release AgreementSETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement (“Agreement”) is entered into as of the date of
the last signature below, by and between the County of Franklin, Pennsylvania (“Plaintiff”), and CSX
Intermodal Terminals, Inc. (“Defendant”), and to the same extent as if expressly named herein, their
respective subsidiaries and affiliated companies, parent corporations, leased and operated lines,
predecessors, successors, lessors, lessees and assigns, and employees, including, but not limited to,
agents, officers and directors of each of the foregoing, and any and all other persons, whether natural or
artificial and whether public or private.
Plaintiff and Defendant may hereinafter be referred to collectively as the “Parties.”
1. Settlement Consideration
Defendant agrees to provide three (3) consecutive days of training that will consist of 8 hours each day of
classroom and hands-on training of hazardous materials in freight cars and locomotives. During this
period, defendant will also provide opportunities for three (3) hour blocks in the evenings available to
volunteer first responders.
2. Dismissal of Litigation
Upon confirmation of the scheduling of the Settlement Consideration, Plaintiff shall promptly file, or
cause to be filed, a praecipe to mark as “discontinued with prejudice” the action currently pending in the
Court of Common Pleas for the Thirty-Ninth Judicial District of Pennsylvania-Franklin County Branch at
No. 2025-3320 (the “Litigation”).
3. Release of Claims
In consideration of the Settlement Consideration, Plaintiff, for itself and its successors, assigns, agents,
employees, officers, directors, and affiliates, hereby fully and forever releases and discharges Defendant,
its heirs, executors, administrators, successors, and assigns, from any and all claims, demands, causes of
action, damages, or liabilities of any kind, whether known or unknown, that the Parties may have against
each other arising out of or relating to the Litigation.
This release extends to the Litigation only, and NOTHING CONTAINED HEREIN SHALL RELEASE
DEFENDANT FROM ANY FUTURE CLAIM, ASSESSMENT, PAYMENTS OR OTHERWISE OWED TO THE
PLAINTIFF PURSUANT TO THE PENNSYLVANIA HAZARDOUS MATERIAL EMERGENCY PLANNING AND
RESPONSE ACT, 35 P.S. § 6022.101, et seq.
4. No Admission of Liability
This Agreement constitutes a compromise and settlement of disputed claims. It is expressly understood
that Defendant admits no liability of any kind, and that this Agreement shall not be construed as an
admission of wrongdoing.
5. Governing Law and Forum Selection
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth
of Pennsylvania. Al! claims shall be brought, if at all, in the Court of Common Pleas for the Thirty-Ninth
Judicial District of Pennsylvania-Franklin County Branch
6. Entire Agreement
This Agreement contains the entire agreement between the Parties with respect to the subject matter
hereof, and supersedes all prior negotiations or agreements. This Agreement may not be amended
except in writing signed by both Parties.
7. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the Parties and their respective
successors and assigns.
8. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of
which together shall constitute one and the same instrument. Signatures transmitted electronically or
by facsimile shall be deemed valid as originals.
IN WITNESS WHEREOF, the Parties have executed this Settlement and Release Agreement as of
the dates set forth below.
ATTEST: County of Franklin, Pennsylvania
Carrie E. Gray, Chief Clerk/ Dean A. Horst, Chairman
County Administrator
ATTEST: CSX Intermodal Terminals, Inc.
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