Edward P. Knoll and Mary K. King-Knoll - Page 11

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          claims.  The personal injury allocation increased to $94,500 in a           
          June 27, 1994, draft agreement, $95,000 in a July 1, 1994, and              
          succeeding draft agreements, and to $116,000 in the December 22,            
          1994, final agreement.                                                      
               The final agreement provided for a lump-sum payment of                 
          $116,000 to be paid by December 29, 1994, (less $25,000 advanced            
          to petitioner on December 19, 1994) and one payment of $3,333.33            
          to be paid on January 1, 1995.  Petitioner’s retirement date, per           
          the final agreement, was February 1, 1995.  In addition, the                
          agreement did not require the repayment of the $48,420 advanced             
          to petitioner prior to the final agreement.  Ultimately,                    
          petitioner received $167,753.33 ($116,000.00, $48,420.00, and               
          $3,333.33).                                                                 
               The final agreement, in pertinent part, contains the                   
          following personal injury clause:                                           
               in consideration of Mr. Knoll’s release of all claims                  
               for compensatory damages, defamation, intentional and                  
               negligent infliction of emotional distress, loss and                   
               diminishment of personal reputation and all other                      
               claims of personal injury, including, but not limited                  
               to those described in subparagraph n of paragraph 1 of                 
               this Agreement, the Firm will pay Mr. Knoll a lump sum                 
               payment in the amount of $116,000 * * * .                              
          Subparagraph n of paragraph 1 of the final agreement was a                  
          general release, the language of which was substantially                    
          unchanged from the time of the first draft through the final                
          agreement.  In particular, the general release paragraph was not            







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Last modified: May 25, 2011