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claims against Rodman or any allegations, facts or
opinions relating to Rodman’s conduct on the night of
January 15, 1997 or thereafter concerning Amos. In
this regard, Amos agrees not to make any further public
statement relating to Rodman or the Incident or to
grant any interviews relating to Rodman or the Inci-
dent. * * *
It is further understood and agreed that any
material breach by Amos or his attorney, agent or
representative of the terms of this Agreement and
Release will result in immediate and irreparable damage
to Rodman, and that the extent of such damage would be
difficult, if not impossible, to ascertain. To dis-
courage any breach of the terms of this Agreement and
Release, and to compensate Rodman should any such
breach occur, it is understood and agreed that Amos
shall be liable for liquidated damages in the amount of
TWO HUNDRED THOUSAND and No/100 Dollars ($200,000) in
the event such a material breach occurs. Amos agrees
that this sum constitutes a reasonable calculation of
the damages Rodman would incur due to a material
breach.
It is further understood and agreed, that, in the
event Rodman or Amos claim a material breach of this
Agreement and Release has occurred, either party may
schedule a confidential hearing before an arbitrator of
the American Arbitration Association for a final,
binding determination as to whether a material breach
has occurred. If, after the hearing, the arbitrator
finds that Amos has committed a material breach, the
arbitrator shall order that Amos pay the sum of
$200,000 in liquidated damages to Rodman. * * *
Amos further represents, promises and agrees that
no administrative charge or claim or legal action of
any kind has been asserted by him or on his behalf in
any way relating to the Incident with the exception of
a statement given by Amos to the Minneapolis Police
Department. Amos further represents, promises and
agrees that, as part of the consideration for this
Agreement and Release, he has communicated to the
Minneapolis Police Department that he does not wish to
pursue a criminal charge against Rodman, and that he
has communicated that he will not cooperate in any
criminal investigation concerning the Incident. Amos
further represents, promises and agrees that he will
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