A remedy in compliance with this chapter shall not be contingent on the execution of any release other than the following Standardized SBA Release: Standardized SBA Release Release as it relates to settlements: The parties have previously agreed to settle the case as follows and hereby memorialize all terms of their settlement as follows: 1. Within 60 days from the date of receipt of the notice requesting restitution or replacement of the Subject Vehicle [Vehicle Year/Make/Model and VIN] (hereinafter âSubject Vehicleâ), [Manufacturer] (hereinafter âDefendantâ) will make the following payments: a. Defendant shall pay the remaining loan balance or lease balance and residual value on the Subject Vehicle directly to the lienholder [Lender Name] in the amount necessary to relieve Plaintiff of all obligations related to Plaintiffâs purchase or lease of the Subject Vehicle, excluding any late fees or penalties in the amount of [Loan Payoff Amount]. Said payment shall include interest through the date of payoff. This payment shall be expedited to the lienholder following completion of the return of the Subject Vehicle to the manufacturer or its agents. b. Defendant shall pay to [Plaintiffâs Full Name] (hereinafter âPlaintiffâ) a total amount of [Restitution Amount] in a check payable to Plaintiff. This payment shall be provided to Plaintiff at the time of the return of the Subject Vehicle to the manufacturer or its agents. In the event Plaintiff makes an additional payment that is not included in the above amount, Defendant shall reimburse Plaintiff for any payments made according to proof, with the exception of any late fees, within 30 days from the date proof of payment is provided to Defendant. c. [If applicable] Defendant shall pay civil penalties in the amount of [Civil Penalties Amount] in a check payable to [Plaintiff, if not represented by counsel, or Name of Law Firm/Attorney, if Plaintiff is represented by counsel]. This payment shall be expedited following completion of the return of the Subject Vehicle to the manufacturer or its agents. d. Defendant shall pay to Plaintiffâs counsel, if Plaintiff was represented by counsel (select one option below): (i) In the event there is an agreement as to attorneyâs fees and costs, a check in the amount of [Attorneyâs Fees and Costs] payable to [Name of Law Firm/Attorney] shall be provided to Plaintiffâs counsel. This agreed upon payment shall be expedited to the attorney following completion of the return of the Subject Vehicle to the manufacturer or its agents. (ii) In the event the matter is resolved before the filing of a lawsuit and the parties cannot agree as to the amount of attorneyâs fees, costs, and expenses, then reasonable attorneysâ fees, costs, and expenses shall be determined by neutral, binding arbitration. (iii) In the event the matter is resolved after the filing of a lawsuit and the parties cannot agree as to the amount of attorneyâs fees, costs, and expenses, then reasonable attorneysâ fees, costs, and expenses pursuant to subdivision (d) of Section 1794 of the Civil Code shall be determined by the court by way of a noticed motion. Defendant agrees Plaintiff is the prevailing party for purposes of said fee motion. 2. Before transfer of the settlement funds set forth in Paragraph 1 above, Plaintiff shall execute all documents necessary for the transfer of ownership of the Subject Vehicle to Defendant or its designee. 3. The payments described above are intended as a compromise resolution of [Plaintiffâs Full Name] and [Defendant] with respect to all claims relating to the purchase, lease, condition, use, or repair of the Subject Vehicle during Plaintiffâs purchase or possession of the Subject Vehicle. In signing this agreement, Plaintiff hereby releases [Defendant] from all claims relating to the purchase, lease, condition, use, or repair of the Subject Vehicle that arose during Plaintiffâs purchase or possession of the Subject V
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