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of action against IBM for age discrimination which could be brought
either in contract or tort and that petitioner intended to
institute such a lawsuit in tort.
The language of paragraph 6 of the settlement agreement is
clear. In exchange for $207,000, Mr. Sherman agreed to release IBM
from all claims and actions, whether based in contract or in tort.
Specifically, petitioner agreed to release IBM from all claims
arising from "any * * * law pertaining to employment, including but
not limited to, discrimination or retaliation in employment based
on sex, race, national origin, religion, disability, veteran
status, age and the filing of an unfair labor practice charge" as
well as any claims based "on theories of contract or tort". (We
note that the mere listing of a specific cause of action in the
settlement agreement does not prove that petitioner actually
possessed such a claim against IBM. In fact, the settlement
agreement states: "Nothing in this agreement shall be construed as
or constitute an admission with respect to the validity of any
claims or allegations which Mr. Sherman has made or could have made
concerning his employment with IBM or with respect to any other
matter.") Moreover, there is no allocation of the $207,000 payment
to or among any claim or claims petitioner may have had against
IBM.
The settlement agreement neither mentions any specific injury
sustained by petitioner nor states that the amount petitioner is to
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