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That same day Ms. Dillman also sent a separate letter to Mr.
Berkus and Mr. Dunham. The letter was sent at Mr. Berkus’s and
Mr. Dunham’s request to confirm that the April 24, 1996, letter,
as countersigned and slightly amended by Mr. Berkus, represented
a binding settlement agreement.
On May 2, 1996, Mr. Dunham delivered to Mr. Ostroff revised
drafts of the two settlement agreements, both in unmarked and
redlined versions, with changes from the versions sent to Mr.
Dunham on May 1, 1996. Mr. Dunham made changes to eliminate
language he thought was unnecessary, not part of the agreement
reached between UTA and petitioner (i.e., inconsistent with the
agreement that was detailed in the April 24, 1996, letter),
overbroad, and/or redundant.
On May 3, 1996, Mr. Dunham faxed Mr. Cohen and Mr. Ostroff
further revised drafts of the two settlement agreements. That
same day, petitioner and UTA executed two agreements--the
Employment Termination Agreement and Mutual General Release
(employment termination agreement) and the Defamation Agreement
and Mutual General Release (defamation agreement).
The employment termination agreement provided UTA would pay
petitioner $2 million in five installments ($475,000 by June 30,
1996, and December 31, 1996, and $350,000 by June 30, 1997,
December 31, 1997, and January 1, 1998) and the back-end payments
received after March 31, 1998.
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