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of Damian individually were, and would have been perceived by
Maritz Inc. as being, part and parcel of the claims for economic
injuries asserted on behalf of First Capitol, of which Damian was
a significant owner.
The record contains no suggestion that Maritz Inc. ever
received any affirmative indication that Damian or First Capitol
had abandoned their previously asserted claims for such economic
injuries. To the contrary, section 11.03 of the settlement
agreement expressly states that the settlement payment to Damian
was in discharge of any claims arising from the “termination of
any and all vendor/customer and other relationships between
Maritz and Damian Gerard and * * * First Capitol Printing Arts,
Inc.” Section 3.04 of the settlement agreement required First
Capitol, for no apparent consideration beyond the $250,000
settlement payment to Damian, to execute a release of any claims
against Maritz Inc. On June 9, 1994, Damian executed such a
release in his capacity of president of First Capitol. We
believe these circumstances show that the $250,000 payment to
Damian was intended to discharge economic injury claims
previously asserted on behalf of First Capitol as well as related
economic injuries and personal injuries asserted by Damian in his
individual capacity.
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