Hospital's Claims Against Rainey

relating to Hospital’s Claims Against Rainey and Practice upon the terms and subject to the conditions set forth in this Agreement;
WHEREAS, the Parties agree that this Agreement reflects a settlement of disputed and contested matters and that no Party admits any liability or responsibility for any act or omission by the execution of this Agreement; and
WHEREAS, the above recitals are true and correct and made a part hereof.
AGREEMENTS
NOW, THEREFORE, in consideration of the releases and mutual promises contained herein and other good and valuable consideration exchanged among the Parties, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Settlement Payment to Hospital from Practice. Rainey shall make a lump sum payment to Hospital in the amount of Five Thousand and 00/100 Dollars ($5,000.00) via check or wire transfer to Hospital within thirty days of receipt a fully executed copy of this Agreement and wiring instructions, if applicable.
2. Dismissal of the Lawsuit. Within five (5) days of receipt of the
Release of Rainey and Practice by Hospital. Hospital fully and finally releases and forever discharges Rainey and Practice and their heirs and assigns from any and all claims, theories of recovery, causes of action, damages, costs, interest, and attorney’s fees which were or could have been asserted or recovered, whether common law or statutory, known or unknown, past or present, arising out of or related to the Recruitment Agreement or Lawsuit.
4. Exclusion from Releases. Notwithstanding anything in the foregoing Releases in Section 3 above, nothing in the Releases or this Agreement shall be construed as a release by any Party of (i) the other Parties’ obligations pursuant to this Agreement, or (ii) any Party’s claims, theories of recovery, causes of action, defenses, damages, costs, interest, or attorney’s fees that were or could have been asserted or recovered, whether common law or statutory, known