SETTLEMENT AGREEMENT AND GENERAL RELEASE

This Settlerncnt Agreement and General Releasc (Agreement) is made and entet'ed into

between plaintiff Kenneth J. Moss (Plaintiff) and defendants Robert K. Sweerrey, Ron Counts,

Robert T. Shockey, and SusanBoote(Defendants), this f( ayof April,2014.This Agreernent is made in view of the following facts:

1, Plaintiffhas filed a civil action styled Kenneth J. Moss v. Robert K Sweeney, eta/.,CauseNo. I3JE-CC00134,cun'entlypendingintheCircuitCourtofJefferconCounty,State

ofMissouri (the Action). Plaintiff is represented irr the actionby the law finn of Pleban &

Petruska Ltw,LLC.

2, In the Action, plaintiffbrings claims against defendants and co-defendants KevinL. Ganison and Protective & Investigative Services, Inc. (co-defendants) for defamation, prima

facie tort, and civil conspiracy. Plaintiff further asserts a clairn for malpractice against defendant

Sweeney. Piaintiff claims fbat he is entitled to comparsatory and punitive damages, as well as

court costs on account of the alleged actions ofdefendants and co-defenclants. Plaintiffls claims

are set forth in greater detail in the pleadings filed in the Action.

3. Defendants have denied and continue to deny that they are liable to plaintiff fortorts under Missouri law as alleged in the Action, and plairrtiff and defendants understand and

agree thatthey are entering into this Agrrcement to settle doubtful, dubious, and disputed claims.

4. Plaintiffand defendants desire to resolve finatly and completely all of theiroutstanding differences, disputes, and

"lairn* that arise out of the matterc alleged in the Action.

NOW, THEREFORE, in consideration of the mutual promises herein contained, and the

consideration rccited below, the sufficiency of rvhicli plaintiffhereby acknowledges, the llarties

hereto agree as follows:

I. Defendants' irrsurel's, on behalf of defendants, shall pay to plaintiff and hisattomeys the sum of Sixty Thousand Dollars ($60,000.00). That surn shall be paid to plaintiff

and his attomoys within fourteen (14) days finm the dateplaintiffexecutes this Agreement.

2. hr consideration of the payment to plaintiffand his attorneys of the sum of SixtyThousand Dollars ($60,000.00), plaintiff hereby roleases and forever discharges defendant

Robert K. Sweeney and defendants Ron Counts, Robert T. Shockey, and Susan Boone in both

their individual and oJfisial capacities frorn all claims, liability, charges, actions, causes of

action, denrands, judgments, and exscutions and/or suits at law or in equity or before any

adrninistrative tribunal of any and every kind whatsoever that plaintiffhas, had, or in the fuhrre

mayhave, whether known or unknown, which arise out of or in connection rvith, or which relate

in any rnanner to conduct, actions, events, ol circumstances occurring at any time up to and

including the date this Agreernent becomes effective. Without limiting the generality of the

foregoing the release set forlh in this paragraph specifically includes, but is not limited to, all

matters that ale or could have been the subject of the Aotion, any matters pertaining or relating to

defendants, arrd with regard to plaintiffs claims against defendants Counts, Shockey, and Boone

in their offrcial capacities, to arry of the City of Arnold's directors, officials, law enforcement and

other officers, agents (except any co-defendant named in the Action), and/or employees, whether

elected appointed, including plaintffPs clairns for defamation, prima facie tort, civil conspiracy,

arrd legal malpractice, as well as any other clairns plaintiffmiglrt have under fueral and state

statutory or conlrllon larv or under any other federal, state, or local lan, and plaintiffls clairns in

the Action for darnages arrd court costs, all of which plaintiff agrees to dismiss with prejudice2

against the defendants named herein but nol any co-defendant. PRO\rIDED' however, that

nothing horein shall release any claim or right plaintiff rnay have that arises after the date this

Agreonent is executed, nor shall it release any claim or riglrt plairrtiffmay have against any

person or entity other than those set forth in this paragraph.

3. Plaintiff and the defendants named heroin agree to prepare and file ajointstipulation for dismissal of the Action, rvith all of plaintiffs clailns against the defendants named

herein to be disrnissed with prejudice in all respecls, and rvith each party to bear that party's own

court costs. This stipulation shall not affect any claim that plaintiff has asserted and/ol is

pending against any co-defendant not named hercin.

4. Plaintiff agrees that nothing in this Agreemelt, or the execution of thisApeement, or the taking of any action pursuant to this Agrcement, is an admissionby

defendants Sweeney, Counts, Shockey, and Boone of liability or fault, and eacli of the foregoing

defendants expressly denies any liability or fault.

5. This Agreernent shall inure to the benefit of defendants and all theiradministratols, successors, and assigns, past and present, and anyone claiming tluough them.

6. Plaintiff rvamants that he is authorized to enter into this Agreement and that toplaintifPs knowledge, no other person or entity has, or claims to have, any rights or interest in

the subject matter of the Action described in paragraph A of this Agreement, or to the proceeds

of the sums set forth in paragraph l above, except for plaintiffls attomeys, and plaintifffirrther

warrants that plaintiffhas authorizCd his attor:reys to satisfr any liens, rights or subrogation,

and/or any other right of rrimbursement fiom tlre sunrs set forth in paragraph 1 abovg including

any Medicate Part A or Part B liens.

7. Plaintiff acknowledges that the consideration described in paragraph I of thisAgreement is all that defendants are causing to be paid to and done for plaintiffin settlement of

the Action described in paragraph A. Plaintiffagrees that he will be liable for payrnent of any

faleral, state, ot local taxes that rnay be due by reason of the of the paynent to hirn of the

monetary consideration dessribed in paragraph 1 ofthis Agreement.

8. Plaintiff states that he is of legal age and that in siguing this Ageernent, plaintiffhas relied solely upon his own judgrnent; that he has read the Ageement andlor that the

Agreement has been rcad to him; and that he fully undorstands and agl'ees to its provisions.

Plaintiffflrrther acknowledges that no one has influenced or coerced him into signing this

Agreement.

9. Plaintiff and plaintifPs attomeys agree to keep the tenns of this Agreementconfidential and not to rnake public the tenns of this Agreement. SpecificallS plaintiff and

plainti{Ps attomeys agree not the rnake any public comment regarding the terms of thisAgreement or any matter related to tlre settlement of this case, iucluding refraining from giving

interviews in public rnedia, or issuirrg prss or other public media releases, or discussing the

foregorng matters in a public fomm. However, nothing in this clause shall prevent plairrtiff or

plaiutiffs attorneys fiom discussing the tenns of this Agreement or any rnatter related to the

settlenent of this case with plairrtiffs irnmediate family, plaintiffs health care providers, or

plaintiffs tax advisers, provided that such discussion is not done at a public forum and further

provided that plaintiff or plaintiffs attorneys advise plaintiffs immediate family, plaintiffs

health carcprovidem, or plaintiffs tax advisers of the provisions of this paragraph. Additionally,

nothing in this clause shall prevart Plaintiff fimn stating that his larvsuit was settled to his

satisfaction.4

Notrvithstanding the foregoing, should this Settlernent Agreement becorne a matter of

public record, nothing herein shall prevent Plaintifffiorn dissussing the settlement and its terrns.

Additionally, notwithstanding the foregoing nothing herein shall prevent Plaintiff Ii"onr

responding to any election or other issue made of this Agreement by anyone.

10. Plaintiffexpressly agrces that the laws oftlie State of Missouri shall govern thevalidity, construction, interpretation, and effect of this Agreement, including the provisions of

Mo.Rev.Stat. $537.060, r,vhich provides that this Agreement shall discharge clefendants, and all

others released by reason ofparagraph 2 of this Agreement, from all liability for contribution or

non-contractual indemnity to any other tortfeasor.s.

11. This Agreanrent ernbodies the entirc agreement between plaintiff and thedefendants named herein. There are no promises, terms, conditions, or obligations other than

those contained herein. All prior negotiations, understandings, conversations, and

commrrnications are merged into this Agreernent and have no force or e{fect other than as

expressed in the body of this Agreement.

IN WITNESS WHEREOF, plaintiffhas exccuted this Agreement effective gprn(2014.

STATB OF MISSOURI

corJNrY oF 5{. La,/u lss6o rn" a Notary Public, do hereby cedify that

l(ntl(fr^ J, fio s's .personallyknowntometobethesamepersonwhosenameis{nntsubsctibed to the foregoirrg instrument, appeared before me this

_

day ofApril, 20l4,inperson, and acknorvledges that he signed and delivered this instrument of his free and.r,oluntaryact, for the uses and purposes therein set forth.

IN TESTMONEY WHEREOF, I have hereunto set my hand and affixed my official sealin the County and State aforesaid, the day and year first above written.

Lynette M. PetruskaAtnrneysfor Platutttf

Attarney lor Defendants Robert&veaney, Ron Counts, and Robefi

Behr