‘ULL AND FIN/ AG) AND RELEASE 1.0 Parties and Controversy. 1.1 The parties to this Full and Final Settlement Agreement and Release (“Agreement”) are as follows: A. Bffosini Marina Krokos (‘Releasor”), and B. The City of Loveland, Colorado (“Release”). 1.2 The case or controversy giving rise to this Agreement stems from an encounter between Releasor and police officers from the City of Loveland on September 26, 2019 which led to the issuance of a Summons and Complaint in municipal court to Releasox (the “Encounter”). 2.0 No Admission of Liability Releasor acknowledges that Releasee denies liability or wrongdoing related to the Encounter and that this Release is not to be construed, in any way, as an admission of Hability, 3.0 Release. 3.1 Releasor hereby releases, acquits, and forever discharges Releasee, as well as all other related persons, employees, city council members, and entities, from any and all liabilities, claims, demands, rights, controversies, agreements, damages, actions, causes of action, expénses, attorney’s fees, costs, interest, compensation, judgment, and any and all consequential and punitive damages, of whatever kind or nature, either in law or equity, which exist or might exist with regard to any and all claims in any way related to or arising ftom the facts and cirowmstances alleged in the Encounter. 3,2. Releasor hereby acknowledges and agrees that this Agreement, and the terms thereof, shell be binding on her agents, attorneys, servants, employers, employees, principals, heirs, executors, administrators, conservators, successors, assignees, subtogees, subrogors, eriholders (including but not limited to Medicaid, Medicare, and any other medical lienholder), ‘and any and all ofher persons or entities which have or may have any claim on behalf of the parties, related to of arising from the Encounter, or whioh are or may be entitled to shaze in any settlement related to or arising from the Encounter, 3.3 Releasor hereby acknowledges that a portion of the consideration given for this Agreement is being given for the full and final release of any and all unknown losses, claims, injuries, costs, expenses, and damages which cither may have occurred in the past and are not yet known, or which may occur in the future and are not presently known related to or arising from Va Teta Page 1 of 6the Encounter. Releasor agrees to voluntarily and knowingly assume the risk of any mistake of fact, either mutual or unilateral, with respect to said losses, claims, injuries, costs, expenses and damages, and shall not, under any citcumstances, seek to present further claims of auy kind or in any forum whatsoever (including in any court, or before any administrative or investigative body or agency whether public, quasi-public or private) either by herself, on behalf of or as a member of any group or class, or by, tbrough or on behalf of her conservators, agents, attorneys, servants, employers, employees, heirs, executors, administrators, insurers, successors, assignees, subxogees, subrogors, or ienholders (including but not limited to Medicaid, Medicare, and any other medical lienholder) related to or arising from the Encounter as against the persons and entities herein released, 3.4 Releasor specifically agrees that she is solely responsible for payment of any and all of her medical/health care providers and/or any other entity that may be entitled to share in any settlement proceeds related to the Encounter, including any and all liens (including but not limited to Medicaid, Medicare and any other medical lienholder), subrogated interests or assignments for same, as’ well ay any expenses inouned subsequent to this Agreement, Releasor agrees to indemnify and defend Refeasee against any claims asserted by any third party including but not Bmited to Medicare, Medicaid, Releasor’s medical/health oare providers and/or insurers or any other governmental entity, Releasor agrees to indemnify Releasee against any claims brought by third parties seeking contribution, indemnification, ceimbursement, subrogation, ot payment for any claim, lien or judgment recovered ot asserted rolated to the allegations that wexe or could have ‘been asserted against Releasee related to the Encounter, 3.5 Every provision of this Agreement is intended to be severable unless otherwise noted. In the event that any ferin or provision hereof is declared to be illegal or invalid for any xeason whatsoever by a court of competent jmisdiotion, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 3.6 Itis understood and agreed that the payment and consideration set forth in Section 3.1 of this Agreement is in fill settlement and compromise of Releasor’s allegations in connection with the Bnoounter; that the payment and consideration made under this Agreement are not to be construed as an admission of liability on the part of Releasee, persons, employees and entities hereby released; and that any and all such liability is hereby expressly denied. 40 Terms, 4.1 In consideration of the releases sot forth at Section 2.0 above, Roleasce will cause payment to be made to Releasor in the amount of Fifty Thousand Dollars ($50,000.00), made payable to the COLTAF Account of Kilmer Lane & Newman LLP, 4.2 Allparties agree that cach shall bear their own attomey’s fees and costs associated with the Encounter, to include—without limitation—the effeotuation of this Agreement, Talos Page 2 of 65.0 Lien Satisfaction. 5.1 Releasorrepresents and apress that she was not a Medicaid or Medicare beneficiary ‘and that no portion of the medical costs which were in any way related to the Encounter were covered by Medicaid or Medicare. Releasor further warrants that no Medicaid, Medicare, ot any other liens exist with regard to any medical care Releasor may have received allegedly stemming from the Encounter. 52 Releasor and her attomeys agree that they are solely responsible for the satisfaction, of any liens (including Medicare, Medicaid or any other medical icaholder) that exist with regard to any medical care Releasor may have received allegedly stemming from the Rocounter. If applicable, Releasor and her atfomeys agree to provide Releasce with notice of satisfaction of any lien within twenty (20) days of the reccipt of the settlement monies identified above in Section 3.1 of this Agreement, 53 Specifically, if applicable, Releasor and her attomeys agreo to provide Releasee with the official documentation from Medicare, Medicaid or any modical lienholder confirming ‘hat the lien was satisfied. 6.0 Representation of Comprehension of Document. In entering into this Agreement, Relensor represent that the terms of this Agreement have been completely read and explained; and thatthe terms of this Agreement axe fully understood and accepted by her. 7.0 Warranty of Capacity to Execute Release, Releasor represents and watrants that no other person or entity has, or bas had, any interest in the olaims, demands, obligations, and causes of action referred to in this Agreement, except as otherwise set forth herein; that she has the sole right and exclusive authority to execute this Agreement and receive the consideration specified in it; and that she has not sold, assigned, transferred, subrogated, or otherwise disposed of any ofthe claims demands, obligations, ox causes of action referred to in this Agreement, Releasor hereby agrees to fully indemnify and defend Releasee against any claims which might be brought by any person or entity asserting any such derivative right. 8.0 Tax Liability Clause. 8.1 By oxecuting this Agreement, Releasor certifies that she has not relied upon. any representations, express or implied, made by Releasce or any of its representatives, as to the tax consequences of this Agreement and thet Releasor releases Releases from all liability in connection with any such tax consequences. F nivale Page 3 of 6 ooPage 4 of 6 i) ew ois‘Hirosini Marina Krokes STATE OF COLORADO ) dss, COUNTY OF _Ayafro\nee ) SUBSCRIBED AND SWORN to before me this_7"* day of _YUay. , 2019, Efiosini Matina Krokos. My Commission expires:.o@ (28/202 GZ Babi WA B POUBTAL reor covonat san ADO [SEAL] NOTARY To Sonaezersa My COMMON BRP RE 8 003 Page 5 of 6APPROVED AS TO FORM: ett oo- David A. Lane Eric M. Ziporin dlane@kin-law.com E-mail: eziporin@sgrlle.com Attorney for Releasor Attorney for Releasee otstarapocx. ate Page 6 of 6