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RELEASE
This Release is given by XXXXXXXXXXXXX (" (XXXXXXXXXXXX)") to Richmond
American Homes of Virginia, Inc. ("Richmond American"), and is intended to
effect the settlement and release of any claims by (XXXXXXXXXXXX) against
Richmond American as hereinafter set forth.
WITNESSETH:
WHEREAS, (XXXXXXXXXXXX) entered into a Purchase Agreement with Richmond
American dated May 14, 2000 ("Purchase Agreement"). The purchase agreement
provided for the construction and sale of a new home in XXXXX County, Virginia,
with a street address of XXXXXXXX, Virginia ("Home"). The home was constructed
by Richmond American and sold to (XXXXXXXXXXXX) in accordance with the terms and
conditions of the Purchase Agreement, and
WHEREAS, (XXXXXXXXXXXX) have alleged that there are and/or were certain
breaches and/or defects associated with the Home, and specifically related to
the flooring and coverings in the Home, (XXXXXXXXXXXX) have notified Richmond
American and others of these claimed defects, and
WHEREAS, it is now the desire and express intention of (XXXXXXXXXXXX) and
Richmond American to resolve such claims, and (XXXXXXXXXXXX) have agreed to
execute this Release in full and complete settlement of any and all claims,
disputes, disagreements and potential litigation between the parties in
connection therewith.
NOW THEREFORE, in consideration for the following to be provided by Richmond
American at the Home, the receipt and sufficiency of which is hereby
acknowledged:
A) Installation of one-half inch plywood on first and second level
floors over existing sub floors;
B) Installation of hardwood floors in the living room, foyer, dining
room, study, closet, and extended hallway ( (XXXXXXXXXXXX) to select
hardwood upgrade #2);
C) Replacement of existing carpet with new carpet of same original;
D) Replacement of existing kitchen vinyl with new kitchen vinyl of
same original selection;
E) Replacement of existing bathroom vinyl with new bathroom vinyl of
same original selection;
(XXXXXXXXXXXX) agree as follows:
1. (XXXXXXXXXXXX) release and forever discharge Richmond American and its
officers, directors, shareholders, parent companies, subsidiaries, affiliates,
employees, agents, representatives, architects, engineers, contractors,
subcontractors and suppliers, from any and all claims, damages, debts, demands,
liabilities, losses, suits, actions and cause of action, which (XXXXXXXXXXXX)
have or may have against Richmond American arising from, regarding or related to
the appearance, quality, status or condition of the areas, fixtures, floorings,
parts and/or structures of the Home set forth or within the areas set forth in A
through E above, and (XXXXXXXXXXXX) shall, by no later than January ____, 2002,
remove from the internet all displays, e-mails, items, matters, postings,
references or sites regarding or related to the Purchase Agreement, the Home
and/or Richmond American, and all such references to the Purchase Agreement, the
Home and Richmond American shall be and remain permanently removed from the
internet, and from any media or other third-party exposure;
2. (XXXXXXXXXXXX) understand and agree that except as to any disclosures
which may be required by law, (XXXXXXXXXXXX) shall not distribute, file, record
or reveal this Release or disclose the fact, nature, terms or conditions of the
parties’ dispute, settlement or this Release to any other persons, firms,
organizations or agencies, without the express, prior, written consent of
Richmond American. (XXXXXXXXXXXX) further promise and agree they shall not make
or disclose any negative, derogatory or adverse allegations, claims or
statements regarding the Purchase Agreement, the Home or Richmond American to
any third-party, firm, organization, government, media or agency and they shall
not take any action, verbal, written or otherwise, to in any way protest,
picket, advertise, complain, object, disparage or condemn Richmond American or
its homes, products, services, actions, policies, and/or personnel. (XXXXXXXXXXXX)
acknowledge that they would be liable for any losses or damages arising from a
violation of this paragraph. In the event (XXXXXXXXXXXX) breach any of these
terms and conditions of this paragraph, Richmond American shall be entitled to
appropriate injunctive relief to enforce the confidentiality and
anti-disparagement provisions set forth in this paragraph. (XXXXXXXXXXXX)
expressly acknowledge and agree that any such breach by (XXXXXXXXXXXX) of any of
the terms and conditions of this paragraph will cause immediate, irreparable and
substantial economic injury to Richmond American . Accordingly, Richmond
American shall have the right and the remedy, in addition to any other right or
remedy that may be available at law or in equity, to have the provisions of this
paragraph specifically enforced through an action for temporary injunctive
relief, for permanent injuctive relief and for damages;
3. (XXXXXXXXXXXX) understand and agree that this settlement is made to
compromise disputed claims, and it shall not be construed or represented as an
admission of liability by Richmond American, and any claimed liability is
expressly denied by Richmond American;
4. (XXXXXXXXXXXX) understand and agree that the terms of this Release are
contractual and not mere recitals, and they affirm they are duly authorized and
competent to execute this Release, and that they have read this document
carefully and understand its contents and meaning;
5. (XXXXXXXXXXXX) shall provide Richmond American such further assurances and
shall execute and deliver such further documents as requested by Richmond
American in order to effectuate the terms and conditions of this Release;
6. This release recites the entire agreement between the parties, and such
agreement may not be amended, altered, modified or changed unless such
amendment, alteration, modification or change is in writing and is signed by all
of the parties to be charged thereby;
7. This Release shall be binding upon (XXXXXXXXXXXX) and their heirs,
successors and assigns, for the benefit of Richmond American and its successors
and assigns;
8. This Release shall be governed by and construed under the laws of the
Commonwealth of Virginia.
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XXXXXXXXXXXX
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XXXXXXXXXXXXX
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