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SETTLEMENT AGREEMENT & ARBITRATION AGREEMENT
Note: The text of the Settlement Agreement &
Arbitration Agreement with its exhibits was faxed to us by a number of
survivors. The text presented here was scanned from one fax and checked
against another. Every attempt has been made to offer a correct text of
this important document. Please write to us at staff@bishop-accountability.org
with corrections if we have introduced any transcription errors.
This Settlement and Arbitration Agreement (hereinafter "the Agreement")
is made this __ day of ___, 2003, by and between the Claimant, ______,
or by his or her parent or next friend, or his or her legally appointed
guardian, conservator, executor or administrator (hereinafter "the
Claimant"), and the Roman Catholic Archbishop of Boston, a Corporation
Sole (hereinafter "the RCAB"). The Claimant, the RCAB, and Commonwealth
Mediation and Conciliation, Inc. (hereinafter "CMCI") shall
execute this Agreement, which may be signed in counterparts. CMCI is a
party, but is only executing this Agreement with respect to the provisions
of this Agreement that directly pertain to it. This Agreement represents
the "Uniform Arbitration and Settlement Agreement" called for
by the Memorandum of Understanding Between the Steering Committee Representing
Victims of Abuse and the Roman Catholic Archbishop of Boston, A Corporation
Sole, executed and filed with the Suffolk Superior Court on September
9, 2003 (hereinafter "the MOU").
To participate in the settlement, the Claimant shall execute one original
of this Agreement. Claimant's counsel shall then fill in the counsel information
at the end of the Agreement, make two copies, and deliver the original
and two copies to Counsel for the RCAB; the original and two copies will
be treated as three counterparts. (Counsel for Claimant and Counsel for
the RCAB are not parties to this Agreement.) As provided in paragraph
14 below, the Claimant must also execute at the same time the Claimant
executes this Agreement the Release attached as Exhibit 1, and Claimant's
counsel must execute a Stipulation of Dismissal (if applicable) and deliver
the originals to CMCI to be held in escrow, with copies to counsel for
the RCAB. Upon receipt of signed original Agreements from at least 80%
of the 552 Claimants (unless a lower percentage is agreed to as provided
in paragraph 3 of the MOU), the RCAB shall execute the three counterparts
of this Agreement received from Claimant's Counsel and deliver them to
CMCI for its execution. CMCI then will retain one original, and will deliver
one original Agreement to Counsel for Claimant and one original Agreement
to Counsel for RCAB (which shall be the original signed by Claimant).
Counsel for RCAB shall promptly notify Counsel for all participating Claimants
and CMCI that the RCAB has received and executed the Settlement Agreements.
The RCAB and the Claimant have agreed to execute mutual releases in the
forms attached hereto as Exhibits 1 and 2. As to the release being executed
by the Claimant, in the event any individual or entity released by the
Claimant shall bring an action or claim against the Claimant which arises
out of a claim which is the subject of the Claimant's release, then that
release shall be null and void with respect to such individual or entity,
but shall remain in full force and effect as to the RCAB and any other
persons or entities covered by the release.
WHEREFORE, for and in consideration of the promises set forth herein and
other good and valuable consideration the sufficiency of which is hereby
acknowledged, the Parties hereby agree as follows:
1. With regard to the Claimant's claim, the RCAB will pay Claimant to
settle Claimant's claim an amount of money to be determined through arbitration
pursuant to M.G.L. c. 251. The arbitration shall be conducted by Paul
A. Finn, Esq., the President of CMCI (hereinafter "the Chief Arbitrator")
or an arbitrator assigned by the Chief Arbitrator. The Steering Committee
has approved a list of arbitrators designated by the Chief Arbitrator.
This list will be provided to all Claimants' counsel. Prior to signing
this Agreement, the Claimant will be shown the list of arbitrators approved
by the Steering Committee. If the Chief Arbitrator wishes to add any additional
arbitrator to the list, the Claimant agrees that each additional name
must be approved by the Steering Committee. The Chief Arbitrator shall
assign an arbitrator to arbitrate Claimant's claim from the approved list
of arbitrators. Within twenty-four hours after the Chief Arbitrator notifies
the Claimant, through Claimant's Counsel, of the assigned arbitrator,
the Claimant may object to that arbitrator. The Claimant agrees that the
Claimant can only object to the assigned arbitrator solely on the basis
of an apparent conflict of interest or appearance of impropriety. The
Chief Arbitrator is to have sole discretion in deciding whether to allow
the objection. His decision is binding and it shall not be a ground for
challenge of the arbitration award in Court.
2. The arbitration awards in this case shall be to compensate each Claimant
who has presented a sexual abuse claim for physical injury or sickness
arising from the claimed abuse. The actual amount to be paid by the RCAB
will be determined by the assigned arbitrator in consultation with the
Chief Arbitrator. The Arbitrator in consultation with the Chief Arbitrator
must first determine that the application of the minimum set forth below
would not create a substantial injustice. The term substantial injustice
as applied to the arbitration process means that the Claimant suffered
no damages as a result of the conduct complained of. If the Arbitrator
makes such a finding of substantial injustice, then the executed releases
shall be returned to the respective parties who executed them, the Chief
Arbitrator shall return the Stipulation of Dismissal (if any) to the Claimant,
and the Claimant will be deemed to not opt in as described in paragraph
3 of the MOU; in that event, the Settlement Fund will be reduced in the
amount provided in the MOU as if the Claimant had never signed the Settlement
Agreement. If the Arbitrator determines that Claimant suffered any damage,
the amount of the arbitration award for a sexual abuse claim shall be
no more than $300,000 and no less than $80,000. The criteria for the Arbitrator
to determine the amount of the award for a sexual abuse claim shall include
the type of abuse, its duration and the extent of injuries suffered by
the Claimant. In cases in which the claim is for loss of consortium, the
award shall be $20,000. The Arbitrator shall not consider any prior settlements
or any liability issues, including, but not limited to, defenses such
as lack of negligence or notice, statute of limitations, and charitable
immunity. The award issued by the Arbitrator, in consultation with the
Chief Arbitrator, shall be left to the sole discretion of the Arbitrator
in consultation with the Chief Arbitrator, and shall not be subject to
objection, review or suit brought by any Claimant, except as provided
in paragraph 8 below. All awards shall state the amount of the award.
3. The RCAB and the Claimant shall pay the arbitration fees equally, 50%
from the RCAB and 50% from the Claimant. The fees shall be set by CMCI
and shall be paid to CMCI. The total fee for the Claimant's arbitration
shall be $2,000 (there shall be no additional fee for loss of consortium
cases, the fee for which shall be covered by the arbitration fee for the
abuse claim to which the lost consortium claim relates). The RCAB shall
pay its share of the arbitration fee at least seven days prior to the
arbitration hearing or on October 16, 2003, whichever is later. The Claimant's
share of the arbitration fee shall be deducted from the award issued to
Claimant and paid by the RCAB to CMCI at the same time the RCAB pays the
award. The Chief Arbitrator shall schedule Claimant's Arbitration hearing
so that it is held on a date from October 16, 2003, to December 17, 2003,
inclusive. In the event that it is determined prior to October 16, 2003,
that eighty percent of the Claimants have signed these agreements, and
the necessary releases and stipulations of dismissal (if applicable),
then these hearings may be commenced before October 16, 2003. If Claimant
signs this Agreement, and the necessary release and stipulation of dismissal
(if applicable), but Claimant has not proceeded in the manner prescribed
in paragraph 5 below at or prior to December 17, 2003, then $80,000 shall
be deducted from the Settlement Fund described in the MOU. In such event,
if the Claimant does comply with the requirement set forth below by December
17, 2005, then he or she shall receive an $80,000 award, and the provisions
of paragraphs 16-17 below as to payment and release of escrowed documents
shall apply, with payment to be made within seven (7) days of the award
and the stipulation of dismissal (if applicable) to be filed with the
Court within one month of payment. If the Claimant does not comply with
the requirement set forth below by December 17, 2005, then he or she shall
receive no award, and CMCI will deliver to the RCAB the escrowed release
and stipulation of dismissal.
4. If Claimant or Claimant's counsel encounters difficulty in securing
testimony, or written or oral records or information that Claimant or
Claimant's counsel believe is needed for Claimant's arbitration hearing,
the Chief Arbitrator, at the request of the Claimant or Claimant's Counsel
shall issue appropriate subpoenas pursuant to M.G.L. c. 251, § 7.
5. At the Claimant's hearing, a presentation shall be made by or on behalf
of the Claimant concerning his or her damages suffered as a result of
the alleged abuse. The Claimant's arbitration hearing shall be no longer
than two (2) hours. The Arbitrator may only ask the Claimant his/her name,
date of birth, or address, unless the Claimant's counsel gives permission
for the Arbitrator to ask additional questions. At Claimant's arbitration
hearing, the Claimant must appear unless he or she is a minor, incompetent,
serving in the military (or merchant marine), deceased or otherwise unavailable
for medical, psychological, or other substantial reasons. If the Claimant
chooses not to give personal testimony, he or she must submit an affidavit
under oath or under the pains and penalties of perjury describing the
abuse suffered and the resulting damages. In the event the Claimant is
a minor, incompetent, serving in the military (or merchant marine), deceased,
or otherwise unavailable for medical, psychological, or other substantial
reasons, the Claimant's attorney shall present other evidence relating
to the abuse and injury, including without limitation, affidavits under
oath or under the pains and penalties of perjury from persons with relevant
information, medical records, and/or forensic evaluation. Claimant may
submit any information, records or testimony bearing upon damages for
consideration by the Arbitrator. Counsel for the Claimant may make comment
upon the damages sustained by the Claimant. Before the close of the Claimant's
arbitration hearing, Counsel for the Claimant may notify the Arbitrator
that the Claimant intends to supplement the information, records or testimony
submitted at Claimant's arbitration hearing with written records or information
which is to be received by the Arbitrator no later than December 15, 2003.
The Arbitrator shall consider no information, records or testimony not
submitted by the Claimant or Claimant's Counsel. If the Claimant is not
physically able to attend the hearing, then the Chief Arbitrator shall
make appropriate arrangements to have the assigned Arbitrator travel to
an agreeable location. In the event that the Claimant does not appear
for the reasons set forth above, the Claimant may present testimony by
videotape, audiotape, telephone, or video conference. The Claimant may
submit a forensic evaluation or a statement from a health care professional,
but shall not be required to do so. The Claimant may have any person of
his or her choosing speak at the hearing.
6. Counsel for the RCAB shall not be present at said arbitration hearing.
No person other than the arbitrator shall be present at the hearing without
the consent of the Claimant. If the Claimant requests, a representative
of the Archbishop of Boston, who is not an attorney, shall be present
at Claimant's arbitration hearing. The Claimant shall be entitled to have
present at said hearing any of his/her family, friends, health providers,
or other individuals invited by the Claimant. At the conclusion of the
Arbitration hearing Counsel for the Claimant may present oral argument
to the Arbitrators.
7. Any materials of whatever nature submitted by Claimant, his or her
counsel to the Arbitrator, Chief Arbitrator, or CMCI in connection with
the arbitration process as well as any materials prepared or created by
CMCI, the Chief Arbitrator or any individual arbitrator, which in any
way related to the arbitration awards issued pursuant to the MOU shall
remain in the custody of CMCI, and on February 6, 2004 such materials
shall be destroyed. The Arbitrator shall not reveal the evidence or written
arguments presented during the course of the arbitration hearing to anyone
other than the Chief Arbitrator. All communications for administrative
purposes only shall be between the Chief Arbitrator, his administrator,
and counsel for the Claimant. The Arbitrator shall issue a written award
pursuant to M.G.L. c. 251 § 8, on or by December 20, 2003. All awards
for all Claimants participating in the settlement shall be issued simultaneously
on or by December 20, 2003 (except for any awards issued after December
20, 2003 in accordance with paragraph 3 of this Agreement). The total
of all awards issued on or by December 20, 2003 shall equal the full amount
of the Settlement Fund specified in the MOU, as reduced for any Claimants
opting not to participate as provided in paragraph 3 of the MOU, or deemed
not to opt in as provided in paragraph 2 of this Agreement (and identical
agreements executed by other Claimants), or as adjusted for Claimants
who have not timely proceeded with their arbitration hearings as provided
in paragraph 3 of this Agreement (and identical forms of this Agreement
executed by other Claimants). On the same day the awards are made, the
Chief Arbitrator shall issue a certification to the RCAB and the Steering
Committee that the amount of the awards total the Settlement Fund as reduced
in accordance with the MOU and this Agreement. The Chief Arbitrator shall
reveal the amount of the Claimant's award only to the Claimant and the
RCAB, or their counsel.
8. This Agreement shall be construed under and in accordance with the
laws of the Commonwealth of Massachusetts. Each arbitration hearing and
award shall be subject to M.G.L. c. 251. There shall be no right of appeal
except insofar as a Court of competent jurisdiction may confirm, vacate,
modify, correct or enforce the Arbitration award as provided for in M.G.L.
c. 251. Parties to this Agreement consent that judgment may be entered
in any federal and/or state Court having jurisdiction thereof. Other than
as provided in M.G.L. c. 251, §§ 12 and 13, neither CMCI, the
Chief Arbitrator, nor the designated Arbitrators shall be liable to any
party for any act or omission in connection with the arbitration hearing
conducted herein.
9. This Agreement, with attached Exhibits, constitutes the entire agreement
between the Claimant, the RCAB, and CMCI. With regard to deadline dates
stated in this Agreement or the MOU, such dates may be extended if the
Steering Committee, the RCAB, and CMCI agree. In order to address omissions,
inadvertent mistakes, or matters which arise after the execution of this
Agreement, each Claimant agrees that this Agreement may be modified, amended
or supplemented in order to effectuate the intent of the parties if the
Steering Committee, the RCAB and CMCI agree to make such modification,
amendment or supplement. It is acknowledged that each party has participated
in the drafting of this Agreement, and that any claimed ambiguity should
not be construed for or against any Party.
10. Any dispute concerning this Agreement shall be resolved by the Chief
Arbitrator. The decision of the Chief Arbitrator regarding any such dispute
is final and binding.
11. The Claimant hereby acknowledges that he/she has read this Agreement,
knows the contents hereof, and that he/she signs this Agreement as his/her
own free act. Through his or her signature below, the Claimant states
and represents that he or she has received legal advice from Claimant's
Counsel prior to the execution of this document. The Claimant understands
that the terms of this document and the MOU were negotiated between a
Steering Committee (nominated by Plaintiffs' counsel representing all
of the Claimants referred to in the MOU) and counsel for the RCAB. By
executing this document, the Claimant ratifies all actions undertaken
by the Steering Committee and releases each member of the Steering Committee,
jointly or severally, and their respective law firms and their agents
from any and all claims or causes of action of any nature arising from
any action undertaken with respect to this agreement or the MOU.
12. The RCAB hereby acknowledges that its duly authorized agents have
read this agreement, know the contents hereof, and that the RCAB signs
this Agreement as its own free act. The RCAB represents that it has obtained
the advice of legal counsel prior to executing this Agreement. The necessary
approvals have been obtained by the RCAB to execute this Agreement.
13. The Claimant understands that the RCAB will do the following as an
integral component of the Settlement as described in the MOU:
a. After Claimant receives Claimant's award, the Claimant still shall
be eligible to participate in the continued therapy and healing program
offered by the RCAB.
b. The RCAB has two boards in place, the Archdiocesan Review Board and
the Implementation and Oversight Committee. The RCAB is willing to add
at least one additional survivor member to both of these boards. Additionally,
the Office of Pastoral Support and Outreach is in the process of developing
an Advisory Board. It is anticipated that this board will be largely comprised
of survivors or the family members of survivors. The RCAB would welcome
suggestions of potential candidates for this board. Among the items that
might be considered by this Advisory Board would be the establishment
of a resource library and the consideration of an appropriate memorial,
living tribute, or remembrance.
c. Given that the harm suffered by many survivors and their families involves
severe damage to their faith lives, the Office of Pastoral Support and
Outreach shall continue to offer spiritual direction and spiritual counseling
services. Specific programs, such as retreats, healing and reconciliation
services, survivor and family of survivor spiritual support groups, and
when appropriate or requested referral to ecumenical and/or interreligious,
spiritual counselors will be among the services offered through the Office
of Pastoral Support and Outreach.
d. The RCAB will take appropriate action to ensure that when survivors
obtain assistance from the Office of Healing (now known as Office of Pastoral
Support and Outreach) that information, including treatment updates, will
remain confidential and not shared with the RCAB or its counsel.
14. At the same time this Agreement is executed by the Claimant, the Claimant
shall execute the Release attached as Exhibit 1 and deliver that Release
to CMCI. CMCI shall hold that Release in escrow until the awards are announced
on December 20, 2003 and payment is made, as provided below. In addition,
at the same time the Agreement and the Release are executed by Claimant,
the Claimant's counsel will execute a Stipulation of Dismissal with prejudice
and without costs of any civil action brought by Claimant that is covered
by the Release. The Stipulation of Dismissal executed by Claimant shall
be delivered to CMCI and held in escrow by CMCI until full payment is
made by the RCAB to the Claimant, as provided below. At the time counsel
for Claimant delivers the three counterparts of this Agreement to counsel
for the RCAB, counsel for Claimant shall also deliver copies of the escrowed
Release and Stipulation of Dismissal (if applicable) to counsel for the
RCAB. These copies may be stamped or otherwise marked to indicate in substance
that they are subject to the provisions of Settlement Agreement &
Arbitration Agreement. If payment is not made by RCAB pursuant to the
Agreement, these copies are null and void and will be immediately returned
to Counsel for Claimant.
15. The RCAB will execute this Agreement after receipt of an original
Agreement signed by the Claimant, and upon receipt of original signed
Agreements from at least 80% of the 552 Claimants subject to the MOU (unless
a lower percentage is agreed to as provided in paragraph 3 of the MOU).
At the same time the RCAB executes this Agreement, the RCAB shall execute
the Release attached as Exhibit 2 and deliver that Release to CMCI to
be held in escrow until full payment is made to Claimant, as provided
below. The RCAB is willing, after signing this Agreement, to use its best
efforts to secure executed releases, in the form attached as Exhibit 4,
from any individuals now living or entities still in existence who have
been accused by Claimant in any pending claim or suit of committing, or
negligently causing or permitting, sexual abuse with respect to Claimant
or members of Claimant's family, and who are otherwise covered by Claimant's
Release. Counsel for RCAB will notify Counsel for Claimant by October
10, 2003, as to the identity of any such individuals or entities from
whom it is attempting to secure a Release, and will also identify any
such individuals or entities no longer living or in existence. By November
15, 2003, Counsel for RCAB will deliver to CMCI, to be held in escrow,
originals of any such Releases so secured, and shall notify Counsel for
Claimant as to the identity of the individuals or entities signing a Release,
as well as the identity of the individuals or entities declining to sign.
As to any individuals or entities signing a Release, the Chief Arbitrator
will add their names to the Release signed by Claimant, in the space provided,
as parties specifically covered by Claimant's Release. As to any individuals
or entities declining to sign, the Chief Arbitrator will add their names
to the Release signed by Claimant, in the space provided, as parties as
to whom the Release specifically shall not apply. Copies of the Claimant's
Release, as so modified, shall be provided by CMCI to Counsel for Claimant.
The Release from Claimant, as so modified, shall remain in full force
and effect as to the RCAB and any other persons or entities covered by
the Release. Neither the RCAB, nor entities under its supervision, direction,
or control, will provide any direct or indirect financial support for
the prosecution or defense of any legal action by or against the Claimant
(including without limitation any counterclaim) undertaken by any individual
or entity declining to execute the Release attached as Exhibit 4.
16. Payment by the RCAB shall occur on December 22, 2003, by delivery
of a check in the amount of the award (less the Claimant's share of the
arbitration fee) to Claimant payable to the law firm (designated below)
representing the Claimant as attorney for the Claimant, or as the Claimant
and Claimant's attorney otherwise direct. The check shall be available
on December 22, 2003 at the Boston office of Ropes & Gray unless Claimants'
[sic] attorney has asked that the check be sent by overnight mail for
receipt on December 23, 2003. Upon delivery of the check, counsel for
the RCAB shall notify CMCI of the payment and CMCI shall then release
from escrow to Counsel for the RCAB the Stipulation of Dismissal (if any)
executed on behalf of the Claimant. Upon notice of such payment, CMCI
shall also release from escrow to Counsel for the Claimant the Release
executed by the RCAB and the Releases executed in the form attached hereto
as Exhibit 4, and to Counsel for the RCAB the Release executed by the
Claimant.
17. If Claimant has filed suit and no Defendant has been served and appeared,
then the counsel for the RCAB shall promptly file, on or soon after January
14, 2004, the Stipulation with the Court, with notice to counsel for the
Claimant. In any case where the RCAB or other Defendants have been served
and appeared, then counsel for the RCAB will execute the Stipulation and,
as to any other Defendants, will use its best efforts to secure signatures
by counsel for other Defendants (or by the Defendant if he or she is proceeding
pro se) and file the Stipulation with the Court by January 27,
2004. In the event any Defendant other than the RCAB refuses to execute
the Stipulation, then the Release from Claimant as to that Defendant shall
be null and void, but shall remain in full force and effect as to the
RCAB and any other persons or entities covered by the Release. In that
event, the parties signing the Stipulation shall file a joint motion by
January 27, 2004 to dismiss the case as to all defendants with prejudice
and without costs as to all parties. No further discovery shall be conducted
by the Claimant and the RCAB pending the filing of said Stipulations.
The Claimant and the RCAB shall, on or before October 31, 2003, seek a
stay or seek a continuance of a stay of all civil litigation between the
Claimant and Defendants in accordance with M.G.L. c. 251.
18. Paragraph 7 of the MOU shall be amended as follows: in line three
of paragraph 7, the words "and evidence" shall be inserted between
the words "testimony" and "concerning"; in line six
of paragraph 7, the words ", but are not limited to," shall
be inserted between the words "include" and "such";
and in line seven of paragraph 7, the words "or redacting" shall
be inserted at the end of the sentence currently concluding with "document
reproduction or scanning."
19. The Parties to this Agreement (other than CMCI which is not a party
to the MOU) adopt and ratify the MOU. The MOU, a copy of which is attached
hereto as Exhibit 3, is incorporated by reference as if fully stated herein,
unless expressly modified by this Agreement. The amount of the Settlement
Fund shall be determined as set forth in that MOU and paragraphs 2 and
3 of this Agreement. Contrary to paragraph 2 of the preamble to the MOU,
the MOU will not be replaced by any further writing apart from the provisions
contained herein.
20. The terms and conditions of this Agreement shall be binding and inure
to the benefit of each of the Parties and their respective successors,
heirs and assigns.
21. It is further understood and agreed by Claimant that this Agreement
is not to be construed as an admission of liability upon the part of any
of the released parties, but rather as a good faith settlement of disputed
claims.
22. The Claimant states and warrants that he or she is the sole owner
of the claims involved, and that such claims have not been assigned, encumbered,
or transferred.
23. Where required, counsel for Claimant shall apply for court approval
of this Agreement.
24. Where applicable herein, the masculine gender shall include the feminine
gender and the feminine gender shall include the masculine gender.
Witness my hand and seal this __ day of ______, 2003.
________________
Claimant
________________
Witness
Witness my hand and seal this ___ day of ______, 2003.
___________________
Roman Catholic Archbishop of Boston,
a Corporation Sole, by
Sean P. O'Malley, OFM Cap.
Archbishop of Boston
___________________
Witness
Witness my hand and seal this __ day of ______, 2003.
Commonwealth Mediation and Conciliation, Inc.
By:
___________________
Paul A. Finn, President, Duly Authorized Officer
(and signing in his official not individual capacity)
Commonwealth Mediation and Conciliation, Inc.
130 Liberty Street
Brockton, MA 02301
All notices and communications with respect to the Claimant or the RCAB
shall be directed to the following counsel:
Counsel for Claimant
______________________________
PRlNT NAME ABOVE
Address:
Phone Number:
Counsel for RCAB
THOMAS H. HANNIGAN, JR.
Ropes & Gray, LLP
One International Place
Boston, MA 02110
(617) 951-7000
Exhibit 1
CLAIMANT'S GENERAL RELEASE
______________________ ("the Claimant") for and in consideration
of the promises and undertakings contained in the Settlement Agreement
& Arbitration Agreement, the sufficiency of which is hereby acknowledged,
hereby remises, releases and forever discharges the Roman Catholic Archbishop
of Boston, a Corporation Sole ("the RCAB"); the Archdiocese
of Boston; any present or former bishops, archbishops or cardinals of
the Archdiocese, in both their individual and official capacity; any entities
affiliated with the RCAB; and present or former priests, nuns, other clergy,
agents, servants, officers, trustees, directors, supervisors, attorneys,
employees, volunteers, insurers, predecessors, successors, assigns, subsidiaries
and affiliates of the RCAB or the Archdiocese, including without limitation
any such person accused of committing or negligently causing or permitting
sexual abuse with respect to the Claimant or members of the Claimant's
family (all of the foregoing hereinafter collectively referred to as the
"Released Parties") of and from any and all debts, demands,
actions, causes of action, suits, accounts, covenants, contracts, agreements,
damages, judgments, executions, orders, and any and all claims, demands
and liabilities whatsoever of every name and nature, whether in LAW, in
EQUITY, or otherwise which the Claimant ever had, now has, or which Claimant
or Claimant's successors hereinafter can, shall, or may have by reason
of any matter, cause or thing whatsoever from the beginning of the world
to the date of this Release, and whether such claims are now known or
unknown, including without limiting the generality of the foregoing, any
and all claims made or that might have been made in any pending claim
or suit. With respect to any claims arising from or related to an act
or acts of abuse which have formed the basis of a claim or suit against
the RCAB or persons or entities employed by or affiliated with the RCAB,
the Released Parties covered by this Release shall also include any other
persons or entities whether or not they are employed by or affiliated
with the RCAB. This release does not apply to persons or entities who
are not persons or entities employed by or affiliated with the RCAB with
respect to any claims arising from or related to an act or acts of abuse
that have not formed, or could not form, the basis of a claim or suit
against the RCAB or persons or entities employed by or affiliated with
the RCAB.
Pursuant to para. 15 of the Settlement Agreement & Arbitration Agreement,
and without limiting the generality of the foregoing, this Release specifically
covers the following individuals and entities: __________________.
Pursuant to para. 15 of the Settlement Agreement & Arbitration Agreement,
and without limiting the generality of the foregoing, this Release specifically
does not cover the following individuals and entities: _________________.
IN WITNESS WHEREOF, the Claimant has set his/her hand and seal to this
Release as of the date written below.
Date: __________________
_______________________
Claimant
Print Claimant's Name _______________________
Witnessed by:
_______________________
RCAB Release
Exhibit 2
RCAB GENERAL RELEASE
The Roman Catholic Archbishop of Boston, a Corporation Sole ("RCAB"),
for and in consideration of the promises and undertakings contained in
the Settlement Agreement & Arbitration Agreement, the sufficiency
of which is hereby acknowledged, hereby forever remises, releases and
forever discharges ___________________ ("the Claimant") and
Claimant's heirs, attorneys (including their law firms, agents, servants,
or employees),
executors, predecessors, parents, successors, agents, servants, employees,
and assigns of and from any and all debts, demands, actions, causes of
action, suits, accounts, covenants, contracts, agreements, damages, judgments,
executions, orders, and any and all claims, demands and liabilities whatsoever
of every name and nature, whether in LAW, in EQUITY, or otherwise which
the RCAB ever had, now has, or which it or its successors hereinafter
can, shall or may have by reason of any matter, cause or thing whatsoever
from the beginning of the world to the date of this Releases and whether
such claims are now known or unknown.
IN WITNESS WHEREOF, the Roman Catholic Archbishop of Boston has set his
hand and seal to this Release as of the date written below.
Date: _______________
____________________
Sean P. O'Malley, OFM Cap.
Archbishop of Boston
Witnessed by:
___________________
Exhibit 3
Memorandum of Understanding
Click here for the text of the MOU posted
on the BishopAccountability.org site.
Exhibit 4
GENERAL RELEASE
______________ ("the Releasor"), for and in consideration of
the promises and undertakings contained in the Settlement Agreement &
Arbitration Agreement, the sufficiency of which is hereby acknowledged,
hereby forever remises, releases and forever discharges ______________
("the Claimant") and Claimant's heirs, attorneys (including
their law firms, agents, servants, or employees), executors, predecessors,
parents, successors, agents, servants, employees, and assigns of and from
any and all debts, demands, actions, causes of action, suits, accounts,
covenants, contracts, agreements, damages, judgments, executions, orders,
and any and all claims, demands and liabilities whatsoever of every name
and nature, whether in LAW, in EQUITY, or otherwise which the Releasor
ever had, now has, or which Releasor or Releasor's successors hereinafter
can, shall or may have by reason of any matter, cause or thing whatsoever
from the beginning of the world to the date of this Release, and whether
such claims are now known or unknown, arising from or relating to an alleged
act or acts of sexual abuse with respect to Claimant or members or Claimant's
family, or arising from or related to claims asserted by Claimant against
Releasor, including without limiting the generality of the foregoing,
any and all claims made or that might have been made in any pending claim
or suit.
This Release is not to be construed as an admission of liability upon
the part of Releasor, but rather as a good faith settlement of a disputed
claim.
IN WITNESS WHEREOF, the Releasor has set (his/her/its) hand and seal to
this Release as of the date written below.
Date: ___________________
________________________
Insert Printed Name (if an institution,
type name of institution and name of
duly authorized representative):
________________________
Witnessed by:
________________________
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