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Case 1:15-cv-03552-ELR Document 26-1 Filed 05/26/16 Page 1 of 3

SETTLEMENT AGREEMENT AND GENERAL RELEASE


THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE
("Agreement")
is made and entered into by Nicole Williams ("Williams") and
Columbia Hospitality

Management, LLC ("CHM"); and

WHEREAS, Williams retained legal counsel and filed Civil Action l:15-cv-03
552-ELR
against CHM and another employer in the U.S. District Court for
the Northern District of
Georgia for unpaid overtime wages, penalties and attorney fees (the "Lawsuit"
); and

WHEREAS, a bona fide dispute exists regarding wages owed to V/illiams;


and
WHEREAS, the parties wish to resolve this dispute and avoid the disruption
and expense
of litigation;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, it is

agreed as follows:
1.

This agreement is not an admission by any party of any wrongdoing.


Nor shall it

ever be interpreted to be an admission by any party of any wrongdoing. The


parties have entered
into this agreement for the sole purpose of resolving the Lawsuit and
to avoid the burden,
expense, delay and uncertainties of litigation.

2.

In consideration of this Agreement, and in full and final settlement of any


claims,

damages, attorney's fees and costs which were made by Williams, CHM
shall make payment of
$7,500.00 in two checks:

One check for the amount of $4,175.00, minus applicable deductions and
withholdings,
made payable to Williams for wages; and
One check for the amount of $3,325.00 made payable to Barrett &
Farahany, for

attorneys fees and litigation expenses.

The checks will be delivered within ten (10) business days after the
receipt of a signed

agreement by CHM and the expiration of the revocation period set forth in
Paragraph 1 7.

3.
In consideration and conditioned upon receipt of the full and final payment
as
described above, Williams does hereby release and forever discharge CHM
and all of its parent,
subsidiary and affiliate business entities, officers, employees, owners,
shareholders, partners and

insurers from any and all claims that were asserted or could have been asserted
in the Lawsuit
regarding unpaid wages or compensation of any kind, and fully and completely
releases any and
all claims of every type, known and unknown, that Williams has or may have
that arose prior to
signing this Agreement, including but not limited to, all claims that employmen
t discrimination,
harassment, retaliation, wrongful discharge, claims for Family and Medical
Leave or employee
benefits of any kind, claims arising under contract or tort and claims under
federal, state or local
statute, ordinance or common law. Williams also agrees to seek court approval
of this settlement
and dismissal with prejudice of the Lawsuit and agrees not to file a civil action
or administrative

4814-6074-2705,]

Case 1:15-cv-03552-ELR Document 26-1 Filed 05/26/16 Page 2 of 3


Settlement Agreement & General Release
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complaint or claim of any type against CHM for unpaid wages or compensation of any kind or
for any claims covered by this Release paragraph.

4.

The parties shall bear their own attorney's fees and costs, except as detailed in

Paragraph 2.
5.

In consideration and conditioned upon receipt of the full and final payment of this

Agreement as described above, Williams agrees to keep the terms of this Agreement confidential
and to not disclose the terms of this Agreement to any person or entity except her spouse, her

legal and financial advisors or as may be required by a court or to obtain Court approval of the
settlement.

In response to any inquiries, Williams may state, by illustration, that "the case was

resolved", "the case was settled", or words of similar force, effect and/or nature.
6.

By signing this Agreement, Williams acknowledges that she has been paid all

compensation for the disputed number of hours worked and all compensation owed to her and
that this Agreement constitutes a full ACCORD AND SATISFACTION of all claims raised in

the Lawsuit and covered by the Release provision in Paragraph 3.


7.

This Agreement sets forth the entire agreement between the Parties, and fully

replaces any and all prior agreements or understandings between the parties regarding the
Lawsuit. This Agreement may not be changed orally, and may only be modified in writing.
8.

In signing this Agreement, all parties expressly warrant that they have read and

fully understand it, All parties acknowledge that this Agreement is voluntary and that no one is

making or forcing either party to enter into it.

All parties acknowledge that they have had an

opportunity to and/or have consulted with an attorney before signing it.


9.

This Agreement may be executed simultaneously or in counterparts each of which

shall be deemed an original, but which collectively shall constitute one and the same instrument.

10.
This Agreement shall be inteipreted in accordance with the plain meaning of its
terms and not for or against the drafter.
11.

All warranties, representations, terms, conditions, covenants, agreements and

releases contained herein shall survive this Agreement. Should any provision of this Agreement
!

be declared or be determined by any court to be illegal or invalid, the validity of the remaining
parts, terms or provisions shall not be affected, and the invalid parts, terms or provisions shall be
deemed not a part of this Agreement.

12.

This Agreement is entered into in the State of Georgia, and its validity,

construction, interpretation and administration shall be governed by the laws of the State of
Georgia,

4814-6074-2705.1

Case 1:15-cv-03552-ELR Document 26-1 Filed 05/26/16 Page 3 of 3


Settlement Agreement & General Release
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] 3.

In entering into this Agreement, ail parties represent that they have relied upon or

were permitted to rely upon at their sole discretion the legal advice of their attorney, who is the
attorney of their choice, and that the terms of this Agreement have been completely read and
explained to them by their respective attorney, and that they fully understand and accept those
terms.

14.

All parties agree to cooperate fully, to execute any and all supplementary

documents, and to take all additional actions which may be necessary or appropriate to give full

force and effect to the basic terms and intent of this Agreement,
15.

This Agreement may be enforced by any court having jurisdiction and relief shall

include specific performance and injunctive relief.


16.

Pursuant to the Older Workers Benefits Protection Act, Williams understands that

she may take up to twenty-one (2 1 ) days to consider this Agreement and has been hereby advised

in writing to consult with an attorney prior to executing it. Having elected to execute this
Agreement, to fulfill the promises set forth herein, and to receive thereby the settlement amount
set forth in Paragraph 1 above, Williams freely and knowingly, and after due consideration,
enters into this Agreement intending to waive, settle, and release all claims she has or might have
against CHM.

17.
Williams understands that she may revoke this Agreement for a period of seven
(7) calendar days following the day she executes it. Any revocation within this period must be
submitted in writing to CHM's counsel, John Snelling of Lewis Brisbois Bisgaard & Smith,

LLP, at john.snelling@lewisbrisbois.com. Williams understands that this Agreement is not


effective until the expiration of such seven (7) day period and that if Williams does not revoke
the Agreement during that period, this Agreement shall become effective the day following the
expiration of the revocation period.

Xtf1 iljL aQ. i i ) II


Nicole Williams

DATE

Columbia Hospitality Management, LLC

" t>

BY:

DATE

48 14-6074-2705. 1