- 9 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011