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STATE OF MISSISSIPPI COUNTY OF HINDS AGREEMENT AND RELEASE Abn THIS AGREEMENT AND RELEASE entered into on this the (ay of I 2019, by and between the parties hereinafter named, WITNESSETH as follow: WHEREAS, there is now a pending claim for damages styled Cheryl Matory, etal v, Hinds County Sheriff Victor Mason, et al., under Civil Action No.: 3:16-cv-989-TSL- RHW, pending in the US. District Court for the Southern District of Mississippi; Northern Division: WHEREAS, while denying and protesting any liability in the premises, an offer of compromise has been made for economic reasons on the part of the Defendants in the above-styled and numbered cause, said Defendants being more particularly described as "Releasces" hereinafter, and Plaintiff Cheryl Matory, more particularly described as "Releasor" hereinafter, is desirous of accepting said compromise settlement and granting a full and final release unto Releasces: NOW, THEREFORE, in consideration of the mutual promises exchanged herewith, as well as other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. PARTIES: The parties to this agreement and release are as follow A. — Releasor is Cheryl Matory, an adult resident citizen of Hinds County, Mississippi. B. __Releasees are: Hinds County Sheriff Victor Mason, Hinds County, Mississippi, and all of their agents, servants, employees, and officials (elected and appointed), and any and all other persons, firms, corporations, or entities associated with the above mentioned Releasees, including, but not limited to, their insurance carrier. 2. PURPOSE OF RELEASE: The purpose of this release and agreement is for the Releasor, upon payment of the consideration hereinafter recited, to release the aforesaid Releasees from any and all claims, losses, damages, or injuries sustained by her, both known and unknown, insofar as it pertains to her employment with Release including all events pertaining to the same that transpired before, during or after the same that are in any way connected with Releasees herein or alleged in the above- referenced suit. 3. CONSIDERATION: The total consideration paid for this release shall be the sum of One Hundred Fifty Thousand Dollars ($150,000.00), payable to Cheryl Matory and Lisa M. Ross, Attorney at Law, by Releasees upon execution of this release. 4. RELEASE: The Releasor does, for herself, her heirs, executors, administrators, assign, release, acquit, and forever discharge the aforementioned Releases, officially and individually, and any and all other persons, firms or corporations from any and all claims, demands, damages, actions, (judicial or administrative) causes of action, (legal or equitable) suit or suits, attorney's fees {including attorney's fees under 42 U.S.C. § 1988) and all other costs, loss or losses, compensation and all direct and/or consequential or inconsequential damages or costs related to, on account of, or in any way growing out of any action, inaction, occurrence, or incidences or any and all known and unknown personal losses and/or injuries and property damage resulting or to result from the actions, inactions, and/or occurrences relative to her employment with Releasee, as well as any actions or inactions or event or events that transpired prior to during, or subsequent to the aforementioned damages received by Releasor that pertain to Releasees arising out of the allegations of the aforementioned suit. 5. REPRESENTATIONS: This is a compromise settlement for a claim for damages that resulted from Releasor’s employment with Release, and the events leading up to and following said the same and all damages received by Releasor, and the payment on behalf of the Releases herein is not to be construed as an admission of liability on the part of any person, firm, entities or corporations hereby released, it being expressly understood that the Releasees herein protest and deny liability in the premises and affirmatively set forth that this settlement is made only for economic purposes and reasons. 6. WARRANTIES: The undersigned Releasor hereby expressly covenants and warrants that she is the sole person entitled to recover as a result of the subject employment action and that no other party whatsoever has any right or interest in the claim hereby compromised and settled, whether by assignment, contract, subrogation, statute, common law, or otherwise, or if any other person is entitled to be reimbursed any sums as a result of the aforementioned cause, the same will be paid and satisfied from the consideration mentioned in paragraph 3 above. Releasor agrees to defend, indemnify, save, and hold harmless and reimburse Releases from any and all expenses incurred, including but not limited to, attorney’s fees in the event any claim whatsoever is made by any party whatsoever asserting any right or entitlement to any benefit or interest in the claim that is the subject matter of this suit and is hereby compromised and settled. The undersigned and her attorney also agree to hold in trust an amount 2 from the settlement proceeds which is sufficient to pay any and all liens and/or subrogated claims. Moreover, the undersigned expressly agrees to defend and indemnify the Releasees from any claims made against them by any persons or entities having a lien and/or a subrogated claim. 7. LIENS: _It is further expressly agreed that any and all unpaid liens and unpaid subrogated claims, including but not limited to: (1) the liens and subrogated claims of any and all medical providers, clinics, ambulances, doctors, hospitals, chiropractors, psychologists, and/or physical therapists; (2) any Medicare and/or Medicaid liens; (3) any workers’ compensation liens; (4) the liens of any previous attorneys for the undersigned; and (5) any liens or subrogated claims possessed by any insurance carrier are the sole liability and responsibility of the Releasor. The undersigned and her attorney also agree to hold in trust an amount from the settlement proceeds which is sufficient to pay any and all liens and/or subrogated claims. Moreover, the undersigned expressly agrees to defend and indemnify the Releasees from any claims made against them by any persons or entities having a lien and/or a subrogated claim. 8 ORDER OF DISMISSAL: Releasor hereby covenants that for the consideration hereinabove recited, the above-styled and numbered cause will be dismissed with prejudice. 9. CONFIDENTIALITY: The undersigned parties hereby expressly covenant that they understand that the contents of this agreement are confidential and agree not to disclose the contents of this agreement, including, but not limited to, the consideration paid herein, to anyone except Releasor’s immediate family, attorney or professional tax or financial adviser or Releasees’ attorney, tax advisers or auditors, with instructions that the disclosure is to remain confidential. 10. ANTIDISPARAGEMENT CLAUSE: Subject to applicable law, each of the parties covenants and agrees that the parties any of their agents, subsidiaries, affiliates, successors, assigns, or officers will in no way publically disparage, call in to disrepute, defame, slander, or otherwise criticize the other parties or such other parties’ subsidiaries, affiliates, successors, assigns, officers or employees in any manner that would damage the reputation of such other parties, successors, affiliates, assigns, officers, employees, agents, attorneys or representatives. 11. _ ENTIRE AGREEMENT: This release and the agreement herein contained constitute the entire agreement between the parties, the terms of which are contractual and not mere recitals, and Releasor acknowledges that she has read the foregoing release and agreement and knows the contents thereof and has signed the same of her own free act and deed and that she did so with the lawful authority of the premises.