Complaint Review: Tekhausen, LLC - tampa Florida
Tekhausen, LLC, Rachel Carney, Madison Carney, Midrex, Rachel Burock, https://www.linkedin.com/pub/rachel-carney/2/35b/71a Ripped off a whole services team at Midrex: Fraud, theft, impersonation,and lying to the contractors, clients and third party's for material gain tampa Florida
*General Comment: Notice to Author of Report No. 1201022
*REBUTTAL Owner of company: Vendor Dispute
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CONFIDENTIAL SETTLEMENT AGREEMENT
This Confidential Settlement Agreement (“Settlement Agreement”) is made and entered into as of November 24th, 2014 (the “Effective Date”), by and
between Tekhausen, Inc., with offices at 4830 West Kennedy Boulevard, Suite 600, Tampa, FL 33609
(“Tekhausen”), and Madison J Park, LLC, with offices at 304 Park Avenue South, 11th Floor, New York, NY 10010 (“MJP”), on behalf of themselves,
their respective heirs, executors, administrators, agents, and assignees. (Tekhausen and MJP are referred to herein collectively as the “Party” or
“Parties.”) WHEREAS, a dispute (the “Dispute”) has arisen between Tekhausen and MJP regarding timely payment of invoices rendered by MJP
pursuant to section 4 of the agreement between Tekhausen and MJP on July 28th, 2014 (the “Original Contract” and the payment
of two invoices for certain fees for services authorized by agreement between Tekhausen and MJP on July 28th, 2014 (the “Original Contract”), but not
performed in accordance with Section 3 (Performance of Services) or Section 4 (Payment of fees) of that
WHEREAS, Tekhausen and MJP have agreed to resolve the Dispute to avoid litigation; THEREFORE, in consideration of the promises and covenants
herein contained, and for other valuable consideration received, the sufficiency of which is hereby acknowledged,
it is mutually agreed, by and among the Parties hereto, and each of them, as follows:
a. [continued below]....
FOUR HUNDRED SIXTEEN AND 34/100 DOLLARS) (the “Settlement Payment”) by wire to the MJP bank account.
b. Tekhausen shall releasewire the Settlement Payment to MJP in order that it be received on or before December 1519th, 2014.
a. In consideration for the Settlement Payment described in Section 1 above and other good and valuable consideration, receipt of which is hereby
acknowledged, MJP does hereby release, acquit, and forever discharge Tekhausen from any and all actions, claims,
demands, damages, obligations, liabilities, controversies and executions, of any kind or nature whatsoever, whether known or unknown, whether
suspected or not, which have arisen, or may have arisen, or shall arise by reason of any matter, cause or thing whatsoever, from the first day of the
world, including this day and each day hereafter, and MJP does specifically waive any claim or right to assert any cause of action or
alleged cause of action or claim or demand which has, through oversight or error, intentionally or unintentionally or through a mutual mistake, been
omitted from this
1[CONFIDENTIAL SETTLEMENT AGREEMENT BY AND BETWEEN TEKHAUSEN AND MJP]
Release except for any claim that may arise pursuant to the provisons of the Original Contract that survive this agreement.
b. Tekhausen does hereby release, cancel, forgive and forever discharge MJP and any holding companies, subsidiaries, affiliates, divisions, successors,
heirs, and assigns in all capacities whatsoever, including without limitation as an officer, director, employee,
representative, designee, agent, and shareholder thereof, from all actions, claims, demands, damages, obligations, liabilities, controversies and
executions, of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have
arisen, or may have arisen, or shall arise by reason of any matter, cause or thing whatsoever, from the first day of the world, including this day and
each day hereafter, and Tekhausen does specifically waive any claim or right to assert any cause of action or alleged cause of action or claim or
demand which has, through oversight or error, intentionally or unintentionally or through a mutual mistake, been omitted from this
c. Upon execution of this Settlement Agreement, any and all prior agreements and/or contracts, between or among the Parties, including the Original
Contract, is hereby terminated except for sections 4.9; 7.1; 7.2; 11.1; and 11.2 of the Original Contract which
shall survive this Settlement Agreement and the Referral Agreement dated 9/3/14 between MJP and Tekhausen which shall also survive.
a. MJP shall requestinstruct any and all Consultant(s) (defined in the Original Agreement and hereby incorporated into this Settlement Agreement as
“the person(s) introduced to [Tekhausen] by [MJP]”) to cease any and all communication efforts directed at
Tekhausen or its owners officers, directors, employeesheirs, executors, administrators,
b. MJP nor its contractors shall not contact, nor attempt to contact, Midrex for a period of 24 months from the execution of this Settlement
Agreementany Tekhausen client for any
c. MJP shall request instruct any and all Consultants to refrain from contacting or attempting to contact Midrexany Tekhausen client for any reason.
d. Upon execution of this Settlement Agreement, MJP shall cease all communication efforts directed at Tekhausen or its owners, officers, directors,
employees heirs, executors, administrators, agents, and assignees and Tekhausen shall cease all communication efforts directed at MJP, its owners,
officers directors, employees, agents, assignees service providers or contractors.. Any failure to comply with the demands in
this Section 3(a-d) may be considered a tortious interference with Tekhausen’s business
that could lead to an action to obtain monetary damages from MJP for any loss caused by
2[CONFIDENTIAL SETTLEMENT AGREEMENT BY AND BETWEEN TEKHAUSEN AND MJP]
4. No Admission of Liability: The Parties agree that nothing contained herein, and no
action taken by any Party with respect to this Settlement Agreement, shall be construed as an admission of liability.
a. Providing tThe Parties comply with this hereby agree that this Settlement Agreement, its terms, and all facts and information relating to the Dispute,
including but not limited to the fact and amount of settlement thereof, shall be kept in the strictest confidence and
shall not hereafter be disclosed to any person, unless required by law.
b. Notwithstanding the foregoing, the Parties may disclose information about this settlement: (a) to their attorneys, auditors, or accountants in the
context of the attorney-client or accountant-client relationship; (b) to their tax advisors or to government tax
authorities to the extent necessary to assist in the preparation or review of income tax
returns; and (c) in response to any inquiry about this settlement or its underlying facts by any self-regulatory, local, state, or federal authority, or any
other governmental body.
c. The Parties may additionally disclose information about this settlement to insurers or
d. Upon either Party receiving an inquiry, subpoena, or court order to disclose information, that Party shall promptly notify the other Party of this this
inquiry, subpoena, or court order, and the other Party mayshall take the necessary measures to preserve the confidentiality of this Settlement
Agreement, and the party receiving the inquiry, subpoena or court order shall cooperate fully in any lawful effort to preserve the
confidentiality of this Settlement Agreement.e. The Parties understand and acknowledge that any breach of this provision shall constitute a breach of
this Settlement Agreement, which could lead to monetary damages for the non-breaching party.
6. Non-disparagement: Tekhausen and MJP agree and acknowledge that they will not disparage or defame each other or their respective owners,
officers, directors or employees. reputation and goodwill of Tekhausen are valuable assets in the course of
Tekhausen’s business. MJP therefore agrees that it shall not disparage or defame Tekhausen, its heirs, executors, administrators, agents, and
assignees in any way.
a. This Settlement Agreement constitutes the complete understanding between the Parties. No other promises, representations, or agreements shall be
binding unless signed
b. This Settlement Agreement cannot be altered, amended, or modified in any respect,
except by a writing duly executed by all Parties to the Settlement Agreement.
3[CONFIDENTIAL SETTLEMENT AGREEMENT
BY AND BETWEEN TEKHAUSEN AND MJP]
8. Severability: In the event that any court of enforcement authority determines that any
provision of this Settlement Agreement is unenforceable, the provision at issue shall be
enforced to the maximum extent permitted by law, and all other provisions shall remain
9. Choice of Law: This Settlement Agreement shall be governed by and construed in
accordance with the laws of the State of New York Florida without reference to its provisions regarding choice of law.
10. Costs of Enforcement: In the event either party breaches this agreement and a lawsuit
ensues to enforce this agreement the prevailing party to the lawsuit shall be entitled to be
reimbursed for the costs of the lawsuit including their reasonable attorney’s fees.The
Parties agree that each Party is responsible for its own attorney’s fees related to the enforcement of this Agreement.
11. Execution in Counterparts: It is understood and agreed that this Settlement
Agreement may be executed in identical counterparts and may be transmitted by email or
facsimile, each of which shall be deemed an original for all purposes.
12. Authorization to Act: The Parties warrant that they are authorized and empowered to
execute this Settlement Agreement on their own behalf and on behalf of any person or entity for which they have signed the Settlement Agreement.
13. Binding Effect: This Settlement Agreement shall be binding upon and shall inure to
the benefit of the Parties, their representatives, heirs, estates, parent and subsidiary
entities, members, managers, shareholders, principals, affiliates, successors, officers,
directors, partners, administrators, trustees, receivers, agents, employees, executors,
assigns, and all other persons and entities that could in any way have legal responsibility for, or claim any rights through, any of them.
14. Assignment or Transfer of Claims: Except as set forth herein, each party warrants and
represents to the other that it has not assigned or transferred or purported to assign or
transfer any claim, demand or cause of action against any other Party to any non-party.
The Parties agree to hold harmless and indemnify the other Parties from and against all
claims arising out of any such assignment or transfer or purported assignment or transfer.
15. Good Faith: This Settlement Agreement is a settlement in good faith, with full
knowledge of the relevant facts and circumstances. The Parties have carefully read this
Settlement Agreement in its entirety, conferred with their respective attorneys, know and
understand the contents and consequences of this Settlement Agreement, and freely and
voluntarily sign the same as their own free act. Each of the Parties, through their
respective counsel, was involved in the preparation of this Settlement Agreement.
Therefore, should a dispute arise regarding this Settlement Agreement or the
interpretation thereof, the presumption that it should be interpreted against the drafter
4[CONFIDENTIAL SETTLEMENT AGREEMENT BY AND BETWEEN TEKHAUSEN AND MJP]
16. Signatures: The authorizing signatures of both parties appear on page 5 of this
IN WITNESS WHEREOF, and intending to be legally bound hereby, the Parties have executed the foregoing Confidential Settlement Agreement.
TEKHAUSEN, INC.: WITNESS:
MADISON J PARK, LLC: WITNESS:
5[CONFIDENTIAL SETTLEMENT AGREEMENT
BY AND BETWEEN TEKHAUSEN AND MJP]
This report was posted on Ripoff Report on 01/12/2015 07:40 AM and is a permanent record located here: https://www.ripoffreport.com/reports/tekhausen-llc/tampa-florida-33609/tekhausen-llc-rachel-carney-madison-carney-midrex-rachel-burock-httpswwwlinkedi-1201022. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
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