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3. Indemnification. Plaintiff acknowledges and agrees that it shall be solely and
<br />exclusively Plaintiff's obligation and responsibility to report to the appropriate governmental
<br />agencies and other authorities all monies received as wages and /or other compensation under this
<br />Agreement and to report and pay all related taxes or impositions. Plaintiff shall indemnify and
<br />hold harmless Defendant, its directors, officers, subsidiaries and affiliates from and against any
<br />and all claims, damages, losses, liabilities or obligations asserted, or imposed and /or threatened
<br />against Defendant by any person or entity relating, directly or indirectly, to the monies received
<br />by Plaintiff hereunder as wages, including, without limitation, Plaintiff, the IRS, or any other
<br />person.
<br />4. Non - Admission Clause. By entering into this Agreement, the Defendant does not
<br />admit any liability whatsoever to Plaintiff or to any other person arising out of any claims
<br />asserted, or that could have been asserted in any claim under the FLSA, and expressly deny any
<br />and all such liability.
<br />5. Non Disparaizing Remarks. The parties agree that they will not disparage each
<br />other, by written or oral word, gesture, or any other means, nor will they make any disparaging
<br />or negative comments about each other, to any person or entity. In the event that a prospective
<br />employer requests an employment reference for Plaintiff, the parties agree that Defendant will
<br />only provide dates of employment, and /or positions held, and /or rates of pay.
<br />6. Jurisdiction. The parties agree that jurisdiction over this matter shall be in the
<br />United States District Court for the Southern District of Florida which is presiding over the
<br />Litigation. The Agreement is governed by the substantive law of the State of Florida, and where
<br />applicable, federal law. If the district court chooses not to retain jurisdiction, then this Agreement
<br />shall be enforceable in the appropriate court in Miami -Dade County, Florida.
<br />7. Dismissal of Lawsuit. Within five business (5) days of signing this Agreement by
<br />Defendant and delivery to Plaintiff's Counsel of a fully executed copy of this Agreement,
<br />Plaintiff's counsel agrees to file with the Court in the Litigation a Motion for Approval of the
<br />Parties' Settlement Agreement and Dismissal With Prejudice of all claims asserted by Plaintiff in
<br />this Litigation with the Court to maintain jurisdiction to enforce the terms of this Agreement,
<br />along with a proposed Order of Dismissal With Prejudice.
<br />8. Agreement Not to Be Used as Evidence. Neither this Agreement, nor any act
<br />performed or document executed pursuant to or in furtherance of this Agreement may be deemed
<br />to be, or may be used as, an admission of, or evidence of the validity of any released claim, or of
<br />any wrongdoing in any civil, criminal or administrative proceeding in any court, administrative
<br />agency or other tribunal, other than in such proceedings as may be necessary to consummate or
<br />enforce this Agreement. Defendant, however, may file this Agreement in any action that may be
<br />brought against it in order to support a defense or counterclaim based on principals of res
<br />judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction, or any
<br />other theory of claim preclusion or issue preclusion or similar defense or counterclaim.
<br />9. Severability. In the event that one or more terms or provisions of this Agreement
<br />are found to be invalid or unenforceable for any reason or to any extent, each remaining term and
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