Release Two
Home Up Release One Release Two Response to Two Release Three Release Four Response Letter Release Five Response to Five Lawyer's Response

Hand Delivered on 16 January 2002

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:

        Overlay (and screw fasten) one-half inch plywood over sub floor on first and second level floors;

        Installation of hardwood floors on entire first floor ( (XXXXXXXXXXXX) to select hardwood upgrade #2);

        Replacement of existing carpet with new carpet of same original selection on stairs to second floor and entire second floor;

        Replacement of existing kitchen vinyl with new kitchen vinyl of same original selection;

        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) preserve all rights they have under their RWC New Home Warranty for any matters other than 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;

3. (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;

4. (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;

5. (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;

6. (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;

7. 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;

8. This Release shall be binding upon (XXXXXXXXXXXX) and their heirs, successors and assigns, for the benefit of Richmond American and its successors and assigns;

9. This Release shall be governed by and construed under the laws of the Commonwealth of Virginia.

 

 

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