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any liability or wrongdoing on the part of ABMI. Both
parties expressly deny any liability to the other
party. The parties enter into this AGREEMENT in order
to resolve disputed claims and to avoid unnecessary
litigation. No admission of liability of either party
can be applied [sic] from FOSTER'S separation or the
fact or terms of Settlement. Consideration payable
under the terms of this AGREEMENT shall be deemed by
the parties as settlement of said disputed claim
between the parties.
B. TERMS OF SETTLEMENT
1. ABMI shall pay to FOSTER the sum of TWENTY
THOUSAND DOLLARS ($20,000.00) payable as set forth
below.
2. Settlement payment shall be paid to FOSTER
personally in four installments on April 14, 1989
(receipt of which is hereby acknowledged) by 12:00 p.m.
and on the 15th day of the ensuing three months, May,
June and July. ABMI may file an IRS form 1099 if
required by law for the 4 installments required by this
paragraph B.2.
* * *
6. The parties agree that upon execution by the
parties to this AGREEMENT, FOSTER shall be an
independent contractor and may represent himself as "Of
Counsel" to ABMI. Permissive use of this title does
not signify that FOSTER is actually employed by ABMI.
"Of Counsel" status shall terminate at the earliest of
FOSTER'S permanent employment or July 31, 1989. * * *
* * *
9. FOSTER agrees to and hereby does voluntarily
release and forever discharge ABMI from any and all
claims, demands, damages and actions and causes of
every kind, known, or unknown, arising out of or any
way connected with FOSTER'S employment * * *. FOSTER
agrees that he will not continue, institute or
participate in any legal proceedings of any kind
whatsoever in any forum, agency, court or tribunal
against ABMI * * * occurring prior to the execution by
the parties of this AGREEMENT.
10. "Claims" as used herein shall include all
actions, claims, and or grievances, whether actual or
potential, known or unknown and specifically but not
exclusively, all claims which FOSTER may have arising
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