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or may have against DH&S (or against any of its
partners, directors or employees) relating to,
arising out of, or based upon my employment by
DH&S, my tenure as a director of DH&S, services
performed by me in my capacity as an employee or
director of DH&S, or the termination of my
employment by or tenure as a director with DH&S,
except the right to enforce the obligations of
DH&S to me provided by this agreement.
This settlement offer was better than what Mr. Forste was
entitled to, given his age. Mr. Forste did not accept DHS’s
proposal, and he instead made numerous handwritten changes to its
language. Notably, he changed the language in paragraph 1 to
read: “I will receive disability retirement income under the
terms of Section 4(d) of my Director’s Agreement”. However, DHS
was unwilling to discuss a disability retirement.
In June 1985, Mr. Forste drafted two proposals which he
submitted to DHS. The first proposal contained the language “In
settlement of all claims arising from the severance of my
employment with DH&S”, and the second proposal contained the
language “In settlement of all claims for personal injuries
and/or damages arising from my termination of employment with
DH&S”. On June 15, 1985, DHS proposed a structured settlement.
Paragraph 1 provided for payments of $25,130 per year to be
adjusted as provided in paragraph 2.e. Paragraph 1 of the
proposal contained the language “In settlement of all claims for
personal injuries and/or damages arising from my termination of
employment with DH&S”. In another draft, DHS included the
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Last modified: May 25, 2011