ORIGINAL NO. 2019-89241 JOSILB.FLYNS, § INTHEDISTRICT COURT panier : * {138 sunrciaLpisreicr PAUL SIMPSON AND HARRIS : COUNTY REPUBLICAN PARTY, 8 Derenpanrs $—nanras counry, Texas MEDIATED SETTLEMENT AGREEMENT 1. The Parties hereto agree to setle the above-styled and numbered ease, pursuant to TEX. CIV. PRAG. & REM. CODE ANN. Section 154.071 (Vernon Supp. 1994). 2. The consideration to be given for this settement is outlined in “EXHIBIT A” which is atached hereto and incorporated by reference. 3. PLAINTIFF, JOSH B. FLYNN, and DEFENDANTS, PAUL SIMPSON AND HARRIS COUNTY REPUBLICAN PARTY, all mutually agree to abide by the Agreements and stipulations contained in “Exhibit A” which is attached hereto and fully incorporated into this ‘Agreement 4. Bach signatory hereto warrants and represents tha a he/she has the authority to bind the parties {or whom that signatory acts; and b) the claims, suis, rights and/or interests which are the subject matter are owned by the party asserting same, have not been assigned, transferred or sold, and are fire of encumbrance, 5. Deadlines for Exchanging Settlement Docum: ‘The parties agree to cooperate with each other in the drafting and execution of such additional pleadings or documents as are reasonably requested or required to implement the terms and spirit of this Settlement Agreement, 6. Options for Resolving Disputes Regarding the Settlement or this Agreement: If one or more disputes arise with regard fo the interpretation of this Agreement or any of its provisions, or as to the content or drafting of a final release, a final order or Judgment, the parties ‘mutually agree to submit said disputes) to Rene Diaz, who shall act either as MEDIATOR / ARBITRATOR (as indicated below Option 1 or Option 2) in order to resolve the dispute according to the following terms: ‘MEDIATED SETTLEMINT AGREEMENT PAGEIOF4 i INITIALS: PLR mmats: per HETA) STEP ONE: The parties agree to attempt to resolve any disputes regarding the interpretation ofthe content of the agreement or the fulfillment of its terms first by phone ‘conference with the Mediator who facilitated this settlement, B) STEP TWO: (CHOOSE ONE OF THE FOLLOWING 2 OPTIONS) XXX _ OPTION 1 MEDIATION If the parties cannot resolve their differences by phone ‘conference, then each agrees to schedule with the Mediator, one-half day of MEDIATION within thirty (30) days, to resolve the disputes. OPTION 2 ARBITRATION If the parties cannot resolve ther differences by phone conference, then each agrees to schedule with the Mediator, one-half day of ARBITRATION within thity (30) days, to resolve the disputes. By Consenting to have the mediator serve as Arbitrator, each party agrees 10 waive any claim of Conflict of interest or other grounds for objection or disqualification of the Arbitrator ‘or Arbitrator’s award under Section 171.088 Tex. Civ. Prac & Rem Code. If arbitrated, the Arbitator’s decision willbe final and binding upon all partis ©) STEP THREE: If a party refuses to cooperate or to participate in either the phone conference, or a follow-up mediation or arbitration, then that party may not recover atiomeys’ fees or costs in any court proceeding brought to construe oF enforee this Settlement Agreement. Otherwise, if all parties cooperate in Step 1 and Step 2, the prevailing party or parties shall be entitled to recover reasonable attomeys' fees) and ‘expenses. 7. THIS SETTLEMENT AGREEMENT IS BINDING AND IRREVOCABLE. This agreement is made and performable in Hatris County, Texas, and shall be construed in accordance with the laws ofthe State of Texas and shall be enforceable as a Rule 1] Settlement Agreement. 8, Each signatory to this Settlement Agreement has fully read this Release and entered into the same freely and without duress after having consulted with professionals of his or her choice, if any. Each party hereto has been advised by the Mediator that the Mediator is not the attomey for any party and that each party should have this Settlement Agreement reviewed by that party's attomey prior to executing same, Each Signatory acknowledges that this agreement reflects the ttue intent ofthe parties and hereby releases and discharges the mediator for any act or omission related to or arising fiom the preparation of this Mediated Settlement Agreement and waives the right to call the mediator as a witnesses or to compel production of any testimony or document from the mediator relative to the mediation or this mediated settlement agreement. MEDIATED SETTLEMENT AGREEMENT PAGE2 OFS INITIALS: PLE INITIALS: DEF.SIGNED AND AGREED To on THIS_/2” Day OF 2020. PLAINTIFF, JOSH B, FLYNN By: DEFENDANTS, PAUL SIMPSON AND HARRIS COUNTY REPUBLICAN PARTY MEDIATED SETH, ByENT AGREEMENT PAGES OF 4 nf INITIALS: PLI INITIALS:“ EXHIBIT A” ‘THE MUTUAL CONSIDERATION TERMS SUPPORTING ‘THIS AGREEMENT ARE AS FOLLOWS: ‘The parties have agreed to sever and abate the current lawsuit into two issues: 1. On the first issue, the parties have agreed to enter into a permanent injunction to keep Mr. Flynn’s name on the ballot for the 2020 primary election, 2. On the second issue, the parties have agreed to sever the issue of Mr. Flynn's eligibility which shall be abated until after the March 3, 2020 Republican Primary Election. PAGE 40F fone ni INITIALS on er