SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement and Release (the “Agreement”) is made and entered into this 30th day of October 2013 between the Embassy of the Republic of Poland to the United States (“Poland”), on the one hand, and Kristopher Gasior (“Gasior”) on the other hand. The foregoing are referred to herein in the plural as the “Parties,” and each of Poland and Gasior as defined above is referred to in the singular as a “Party.”

RECITALS

WHEREAS the Parties are parties to United States of America v. Republic of Poland, Kristopher Gasior, Case No. 13cv 691 (E.D. Va.) (Brinkema, J.) (the “Dispute”);

WHEREAS the Parties mutually desire to settle all claims, causes of action, demands, and proceedings of any nature and description whatsoever, in law or in equity, with respect to the Polish WZ.38 Maroszek Semi-Automatic Rifle, Serial Number 1019 (hereinafter, the “Rifle”);

NOW THEREFORE, in consideration of the promises hereinafter set forth, the Parties agree as follows:

SETTLEMENT TERMS

  1. Monetary Compensation: The Museum of Polish History shall fairly compensate Gasior for the Rifle. Such compensation shall be in the amount of USD 25,000, to be wired to the following account within 30 calendar days from the execution of this Agreement:

Name of Bank:

ABA Routing Number:

Beneficiary Account Number:

Beneficiary Account Name:

Ref:

  1. Conveyance of the Rifle to Poland: Upon execution of this Agreement and transfer to Gasior of monetary compensation pursuant to Section 1 of this Agreement, Gasior will immediately transfer, assign, and set over all right, title and interest he has and may have in the Rifle to the Museum of Polish History and immediately authorize physical transfer of the Rifle from the Courthouse for the United States District Court for the Eastern District of Virginia to Poland.
  2. Poland’s Letter to Gasior: Poland shall send Gasior the letter attached hereto as Annex A.
  3. Preservation of the Rifle: Poland shall not alter or deactivate the Rifle.
  4. Display of the Rifle: The Museum of Polish History shall offer to the Museum of Warsaw Uprising, in Warsaw, Poland, the Rifle on permanent loan, to be displayed without deactivation or alteration. Gasior has been advised by the Director of the Museum of Warsaw Uprising that it will accept the Rifle on permanent loan from the Museum of Polish History and will display the Rifle without deactivation or alteration, with a plaque whose wording shall be decided between the Museum of Warsaw Uprising and Gasior.
  5. Confidentiality: The Parties shall not be bound to keep the terms of this Agreement confidential. The Parties shall also not be bound to keep confidential information previously disclosed to third-parties or contained in unsealed court documents of the Dispute, provided, however, that all written and oral communications between the Parties and/or their respective attorneys, statements made during and the substance of negotiations and mediations between the Parties and/or their respective attorneys, such as at the meeting held at the headquarters of the National Rifle Association on August 7, 2013, and before United States District Judge Leonnie Brinkema acting as mediation judge in chambers or on teleconference calls, shall not be disclosed by either Party to any third-party including any person, organization, entity, corporation or media outlet.
  6. Mutual Release: Poland and Gasior, on behalf of itself or himself and its or his respective successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges the other Party and each of that Party's predecessors-in-interest, attorneys, employees, agents and other representatives and that Party's respective successors and assigns, of and from all claims of every name and nature, both at law and in equity, whether known or unknown and whether actual or contingent, that exists immediately prior to the execution of this agreement, with respect to the Rifle.
  7. Joint Preparation: The Parties acknowledge that this Agreement was jointly prepared by them, by and through their respective legal counsel, and any uncertainty or ambiguity in this Agreement shall not be interpreted against any of the Parties, but otherwise shall be interpreted according to the rules on interpretation of contracts (excluding any rule that terms are to be interpreted against their drafter or against the party that caused an ambiguity).
  8. Signatures: This Agreement may be executed in counterparts, and all such counterparts together shall constitute one and the same Agreement. A facsimile or .pdf signature shall be deemed an original for all purposes. Each person executing the Agreement on behalf of a Party hereby represents and warrants that he or she is duly authorized to do so and that his or her signature to the Agreement binds the Party for which the signature is provided to all the terms of the Agreement. Each Party represents and warrants that this Agreement has been duly authorized, executed and delivered by it and constitutes its valid and binding agreement enforceable against it in accordance with its terms.
  9. Entire Agreement and Satisfaction of Condition: This Agreement contains the entire agreement and understanding between the Parties concerning the subject matter hereof, and supersedes any prior or contemporaneous discussion or agreements thereon. The Parties acknowledge that no Party, or any agent, representative, attorney, or client of a Party, has made any promise, representation, or warranty whatsoever, express or implied, that is not contained herein concerning the subject matter hereof, to induce the other Party to execute the Agreement. The Parties acknowledge that they have not executed the Agreement in reliance on any promise, representation, or warranty not contained herein.

THE UNDERSIGNED HEREBY CERTIFY THAT THEY HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT THEY HAVE CONSULTED WITH COUNSEL ABOUT ITS TERMS, AND THAT THEY KNOWINGLY AND VOLUNTARILY ASSENT TO THOSE TERMS.

EXECUTED BY THE PARTIES HERETO AS FOLLOWS:

EMBASSY OF THE REPUBLIC OF POLAND TO THE UNITED STATES
By:______
Name:
Title:
KRISTOPHER GASIOR
By:______
Name:
Title:

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