-3-
Universal would pay petitioner $50,000 in exchange for her
request for a dismissal with prejudice of all pending claims and
her resignation. The settlement agreement also provided in
pertinent part:
2. The Parties agree to the following * * *:
* * * * *
d. The Parties agree that the Settlement Payment
represents non-wage damages for injuries arising out
of Bolden's claims. The Parties further agree that
the Settlement Payment constitutes non-wage income,
and shall be subject of an IRS Form 1099 * * *.
Bolden agrees to hold Universal, and any of its
current or former officers, agents, and employees
harmless from, and indemnify them against, any and
all claims, assessments and/or penalties, and any
reasonable attorneys' fees incurred in responding
thereto, made, claimed, sought, or imposed by the
Internal Revenue Service * * * in regard to any
amounts due or claimed to be due to such taxing
authority or agency as a result of Bolden's tax
treatment of the Settlement Payment. * * *
* * * * * * *
16. * * * Bolden also acknowledges that Universal has
advised her to consult with an attorney, and that she has
in fact consulted with an attorney, concerning this
Agreement * * *.
* * * * * * *
THE UNDERSIGNED HAVE READ AND UNDERSTAND THE TERMS AND
CONDITIONS OF THE FOREGOING SETTLEMENT AGREEMENT AND
RELEASE, AND Bolden SPECIFICALLY ACKNOWLEDGES THAT SHE HAS
CONSULTED WITH AN ATTORNEY REGARDING THE EXECUTION OF THIS
AGREEMENT. IN ADDITION, THE PARTIES WARRANT THAT THE
SETTLEMENT AGREEMENT AND RELEASE CONTAINS THE ENTIRE
AGREEMENT BETWEEN THE PARTIES HERETO AND NO PROMISE,
INDUCEMENT OR AGREEMENT NOT EXPRESSLY CONTAINED HEREIN HAS
BEEN MADE.
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Last modified: May 25, 2011