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1 TimeshareCancelServices.com Do you have a Hilton Resort Timeshare Contract? We can help! Below are a few Hilton Resort releases. Let us help you get out of your timeshare TODAY! Timeshare Contract Releases
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7 MUTUAL RELEASE AND SETTLEMENT AGREEMENT This Mutual Release and Settlement Agreement ( Agreement ) is entered as this day of, ( Effective Date ), by and between, husband and wife (collectively, the Owners ), and Hilton Resorts Corporation ( HRC ), Hilton Grand Vacations Management, LLC as manager and on behalf of., ( HGVM, together HRC and HGVM are collectively referred to as Hilton ) to allow Owner and Hilton to settle any and all claims that Owners has asserted or might have asserted against Hilton in connection with the purchase of a vacation ownership interest ( VOI ) in the property known as or located in (the Project ). WHEREAS, Owners and HRC entered into a Purchase Agreement dated, whereby Owners agreed to purchase and HRC agreed to sell a VOI in the Project (the Purchase Agreement ). Pursuant to the terms of the Purchase Agreement, certain additional documents were created to consummate and close the sale and collectively such documents, together with the Purchase Agreement, are referenced as Contract No. ( contract ). WHEREAS, Owners desires to: (i) terminate any remaining obligations arising from the Contract (ii) settle any present or future disputes that it may assert or may have asserted against Hilton in connection with their purchase of a VOI pursuant to said Contract; and (iii) execute and deliver any and all documents as requested by Hilton in connection with such termination contemporaneously upon execution of this Agreement; and WHEREAS, Hilton, without admitting any wrongdoing or liability on its part, agrees to: (i) enter into this Agreement and (ii) accept Owners termination of the Contract pursuant to the terms of this Agreement. NOW THEREFORE, Owners and Hilton, in consideration of the mutual covenants herein contained, the sufficiency and adequacy of which is hereby acknowledged, agree as follows: 1. The foregoing recitals are true. 2. Owners agree that he / she will not be entitled to any benefits available as a result of their membership in Hilton Grand Vacations Club after the Effective Date. Owners further agree that any current reservations related to the Contract in the name of Owners or guests of Owners made through Hilton Grand Vacations Club or any of its affiliates will be deemed cancelled. 3. Owners agree to forfeit any monies that have been paid relating to the VOI and Contract, including, but not limited to Club dues, Maintenance Fees, Taxes, Association Assessments, Special Assessments, and Mortgage Payments (collectively, the Payments ), as of the Effective Date.
8 4. So long as Owners have: (i) executed and returned to Hilton this Settlement Agreement and any and all documents required to convey free and clear, marketable title of the VOIs back to HRC, Hilton agrees to: (i) (ii) Release Owners from all existing and further contractual obligations arising out of the Contract; and Pay Owners the sum of 5. Upon proper execution and return of this Settlement Agreement, Owners will not be liable for the Payments for the calendar year(s), or any year thereafter. 6. Owners, Owners heirs, agents, attorneys, successors, and assigns, do hereby forever release Hilton, their successors, agents, representatives, affiliates, agents, directors, employees, members, managers, officers, and shareholders, from all known or unknown claims, causes of action, liability, obligations, representations, and damages that accrued or could have accrued, in relation to the Contract, on or before execution of this Agreement. 7. Owners and Hilton agree not to make any disparaging statements (oral or written), directly or indirectly, to third parties, the media or members of the general public, or with the intent the statements reach third parties, the media or members of the general public, about the other party or any of its affiliates (including without limitation, its practices or policies), or this Agreement. Disparaging statements include statements that are false, statements that are misleading, and statements that might tend to cast Hilton or its affiliates in a negative light, regardless of their truth or falsity. Hilton also agrees that no reports will be made to any credit reporting agency regarding this Agreement or the matters which led to this Agreement. 8. Owners, Owners heirs, agents, successors, and assigns, and Hilton agree that all terms of this Agreement shall remain strictly confidential, except as needed for tax or legal purposes. Owners and Hilton agree not to characterize the settlement memorialized under this Agreement in any way, except to state that the matter was resolved in a mutually satisfactory manner. Further, Owners agree not to disclose to others, any information about the terms or existence of this Agreement for any purpose other than as necessary in carrying out the terms of this Agreement and to refrain from disparaging Hilton in any way. 9. Owners and Hilton understand and agree that the existence, execution, and consideration given and received for this Agreement, and the performance of the obligations imposed by this Agreement constitutes nothing other than an arrangement between and among the parties hereto and does not in any way constitute an admission of liability. 10. This Agreement shall be governed by Florida law. 11. Capitalized terms not otherwise defined herein have the meanings given to them in the Contract. 12. This Agreement contains and constitutes the ENTIRE AGREEMENT with respect to the matters contained herein between Owners and Hilton and shall supersede any other prior
9 understanding and agreements, either written or oral, among the parties. Owners and Hilton declare and represent that no promise, inducements or agreements not herein expressed have been made to either party, and that this Agreement contains the entire agreement between them. The parties state and warrant that they have read all the terms of this Agreement, that Owners has had the opportunity to consult and confer with an attorney or counsel regarding the terms of this Agreement, that Owners understand the terms of this Agreement, and that Owners intends to be legally bound hereby. 13. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and all counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding that not all of the parties are signatory to the original or the same counterparts. For all purposes, including, without limitation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document OWNERS Dated: Dated: Dated: Hilton Resorts Corporation By: Its: Dated: Hilton Grand Vacations Management, LLC By: Its:
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