Koontz Settlement_dh.doc

ROBERT J. and JOYCE KOONTZ
267 Schmeizer Lane
Boise, Idaho 83706
Telephone: [phone]
Telecopy: [phone]
Koontz: ISB No. 999

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

ROBERT J. and JOYCE KOONTZ,

Complainant,

vs.

U.S. WEST, INC.–U.S. WEST DEX,
INC. and AFFILIATED COMPANIES

Respondents.
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SETTLEMENT AGREEMENT,
GUARANTEE AND FORFEITURE
OF RIGHT TO SUE

THIS AGREEMENT is made and entered into this ______ day of May 2000. The parties are Robert J. and Joyce Koontz, hereinafter (“Complainant”), and U.S. West Communications, Inc. – U.S. West Dex, Inc. and Affiliated Companies, hereafter (“Respondent”).
Respondent states that its duly authorized representative may sign and bind all Respondent entities.
Complainant alleges that Respondent failed to include his name in the December 1999-2000 Directory (White Pages).
Complainant has filed a formal Complaint against Respondent before the Idaho Public Utilities Commission. Pursuant to Title 61, Section 702, Idaho Code, Complainant may also file a civil suit for damages in a Court of competent jurisdiction.
The parties desire to settle and compromise the matter and cease any and all future litigation.
Therefore, the parties agree as follows:

RESPONDENT
Complainant agrees to release and relinquish the right to sue under Title 61, Section 702, Idaho Code, or to bring any other action based on the facts alleged in the formal complaint and agrees to fully settle and compromise said matter.
Complainant agrees to accept the following as full and final compromise for all alleged damages.
Respondent denies the allegations, but wishes to fully settle and compromise said matter.
Therefore, Respondent agrees to the following:
Respondent agrees that the listing in the 2001 Directory will appear as attached in Exhibit 1.
Respondent will provide eighteen (18) months of a single, free local business telephone line to Complainant, twelve (12) months of which constitutes a dismissal of the Public Utilities Commission formal Complaint and six (6) months for a dismissal and/or agreement to waive the right to sue.
Complainant agrees that there is a fax number [phone], which may be billed normally and is not part of this Agreement and that Complainant maintains a telephone at a residence in Yuma, Arizona, [phone], which telephone may be billed in its normal fashion (said phone is presently on “vacation”).
Respondent agrees that for the eighteen (18) month period it forgives the monthly amount of $44.79 which is the rate for a single business line. The total credit equals $806.22 (18 x $44.79 = $806.22). In the event that regulators permit increases during the eighteen (18) month period, U.S. West agrees not to charge for said increase. This credit will be given as a lump sum in the amount of $806.22 on the July 2000 bill.
Respondent agrees that in the event of rate increases and/or increases of any kind to monthly business line rate, not to charge Complainant for said increases.
Respondent will provide free additional listing on 343-7857 until the new 2001 directory is published. This will provide a residential listing available on directory assistance until the new directory is published. Once the new book is available, Complainant will pay for the additional listing at the existing catalog price (currently priced at $6.00 per month).

COMPLAINANT
Complainant agrees to the following:
Dismissal with prejudice regarding the Public Utilities Commission Complaint.
To forever waive their right to sue under Title 61, Section 702, Idaho Code based on the facts alleged in the present formal complaint.
All provisions of this Agreement are an integral part of the compromise and failure to comply with any portion of the Agreement shall render it null and void.

RESPONDENT
COMPLAINANT By: __________________________________
Its:________________________________
Authorized Representative

By: _________________________________
Robert J. Koontz

By: _________________________________
Joyce Koontz

Dated this _____ day of May 2000. Dated this _____ day of May 2000.

Vld:N:Koontz Settlement_dh

SETTLEMENT AGREEMENT 3