SETTLEMENT AGREEMENT AND MUTUAL RELEASE
1. This SETTLEMENT AGREEMENT AND MUTUAL RELEASE
("Agreement") is made and entered into this ____ day of October,
1991, by and between ANDREW LEE (hereinafter "LEE"), and the
Church of Scientology of Los Angeles, Day Organization.
2. This is a release of the church of Scientology
Los Angeles Day Organization; Church of Scientology of
California; Church of Scientology International; Religious
Technology Center; Author Services, Inc. and their
officers, agents, representatives, employees, volunteers,
directors, successors, assigns and legal counsel; L. Ron
Hubbard's estate, his heirs, and his executor; Author's
Family Trust and its beneficiaries and trustee; Mary Sue
Hubbard; all Scientology organizations and entities and
their officers, agents, employees, servants, directors,
successors, assigns and legal counsel (all hereinafter
collectively referred to as the "Church").
3. For and in consideration of the mutual covenants,
conditions and release contained herein, LEE does hereby
release, acquit and forever discharge, for himself, his
heirs, family, successors, executors, administrators and
assigns, the Church of Scientology, Los Angeles Day
Organizations, Church of Scientology of California; Church
of Scientology International; Religious Technology Center;
all Scientology and Scientology affiliated organizations
and entities; Author Services, Inc. (and for each
organization or entity, its officers, agents,
representatives, employees, volunteers,
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directors, successors, assigns and legal counsel); L. Ron
Hubbard's heirs, beneficiaries, Estate and its executor;
Author's Family Trust, its beneficiaries and trustee; Trustees
and Mary Sue Hubbard, and each of them, of and from any and all
claims, demands, damages, actions and causes of action of every
kind and nature, known or unknown, in any way arising from my
participation in or in connection with the Church of
Scientology of Los Angeles or any other Scientology related
organization.
4. For and in consideration of the mutual covenants,
conditions and release contained herein, the Church of
Scientology Los Angeles does hereby release, acquit and forever
discharge for itself, successors and assigns, LEE, and his
agents, representatives, heirs, successors, assigns, legal
counsel and estate and each of them, of and from any and all
claims, causes of action, demands, damages and actions of every
kind and nature, known or unknown, for or because of any act or
omission allegedly done by LEE arising from his participation
in or in connection with the Church of Scientology of Los
Angeles or any other Scientology related organization.
In consideration for the releases given and covenants made
herein by LEE, the Church of Scientology, Los Angeles Day
Organization agrees to pay to LEE the sum of Sixty One
Thousand, Nine Hundred and Forty-five dollars ($61,945.00),
representing sums previously paid by LEE to Church of
Scientology, Los Angeles Day Organization. The payment of this
sum will be at the rate of not less than Five thousand dollars
($5,000.00) per month payable on the last day of each month
commencing 31 October 1991.
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5. Further, the undersigned hereby agree to the following:
A. That liability for any claims is expressly denied by
each party herein released, and this Agreement shall never be
treated as an admission of liability or responsibility at any
time for any purpose.
B. Each party agrees to assume responsibility for the
payment of any attorneys' fees, lien or liens, imposed against
him in the past, present, or future, known or unknown, by any
person, firm, corporation or governmental entity or agency as a
result of, or growing out of any of the matters referred to in
this release. Each party further agrees to hold harmless the
parties herein released, and each of them, of and from any
liability arising therefrom.
C. In executing this Agreement, the parties hereto, and
each of them, agree to and do hereby waive and relinquish all
rights and benefits afforded under the provisions of Section 1542
of the Civil Code of the State of California, which provides as
follows:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
LEE agrees that he will dismiss the lawsuit filed against
the "Church of Scientology" once the agreement is signed by
himself and an authorised Officer of the Church of Scientology of
Los Angeles.
D. LEE agrees never to create or publish or attempt to
publish, and/or assist another to create for publication by means
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of magazine, article, book or other similar form, any writing, or
to broadcast, or to assist another to create, write, film or video
tape or audio tape, any show, program or movie, concerning his
experiences with the Church of Scientology, or personal or
indirectly acquired knowledge or information concerning the Church
of Scientology, L. Ron Hubbard, or any entities and individuals
listed in Paragraph 2 above. LEE further agrees that
he will maintain strict confidentiality and silence with respect
to his experiences with the Church of Scientology and any
knowledge or information he may have concerning the Church of
Scientology, L. Ron Hubbard, or any of the organizations,
individuals and entities listed in Paragraph 2 above.
E. LEE agrees that he will not voluntarily assist or
cooperate with any person adverse to Scientology in any proceeding
against any of the Scientology organizations, individuals, or
entities listed in Paragraph 2 above. LEE also agrees that he
will not cooperate in any manner with any organizations aligned
against Scientology.
F. LEE agrees not to testify or otherwise participate in any
other judicial, administrative or legislative proceeding adverse
to Scientology or any of the Scientology Churches, individuals or
entities listed in Paragraph 2 above unless compelled to do so by
lawful subpoena or other lawful process. Unless required to
do so by such subpoena, LEE shall not make himself amenable to
service of any such subpoena in a manner which invalidates the
intent of this provision. As provided hereinafter in Paragraph
21, the contents of this Agreement may not be disclosed.
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[line missing]
the influence of any drug, narcotic, alcohol or other
mind-influencing substance, condition or ailment such that his
ability to fully understand the meaning of this Agreement and the
significance thereof is adversely affected.
H. Lee hereby further agrees that contemporaneous with the
full execution of this Agreement by all parties he will execute a
Request for Dismissal with prejudice of the entire action known as
__ Andrew Lee v. Church of Scientology__ case number 935411
presently pending in the California Superior Court, in the City
and County of San Francisco.
6. This Agreement contains the entire understanding of
and between the parties hereto, and the terms of this
Agreement are contractual and not a mere recital. This Release
may be amended only by a written instrument executed by the
undersigned. The parties hereto have carefully read and
understand the contents of this Agreement and sign the same of
their own free will, and it is the intention of the parties to be
legally bound hereby. No other prior or contemporaneous
agreements, oral or written, respecting such matters, which are
not specifically incorporated herein shall be deemed to in any way
exist or bind any of the parties hereto.
7. LEE agrees that he will not assist or advise
anyone, including but not limited to partnerships, associations
or corporations, contemplating any activity adverse to the
interests of any entity or class of persons listed above in
Paragraph 2 of this Agreement.
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[line missing]
to the negotiation and drafting of this Agreement and all acts
required by the terms hereof to be undertaken and performed by
any party.
9. The parties to this Agreement acknowledge that all
parties enter into this Agreement freely, voluntarily, knowingly
and willingly, without any threats, intimidation or pressure of
any kind whatsoever and voluntarily execute this Agreement of
their own free will.
10. To the extent that this Agreement inures to the benefit
of persons or entities not signatories hereto, this Agreement is
hereby declared to be made for their respective benefits and
uses.
11. The parties shall execute and deliver all documents and
perform all further acts that may be reasonably necessary to
effectuate the provisions of this Agreement.
12. Not being in agreement with the stated aims of the
Church of Scientology, as shown by his desire for payment of sums
previously paid to the Church of Scientology, Los Angeles Day
Organization, Andrew Lee is furthermore expelled from the Church
of Scientology and is no longer entitled to membership and
services.
13. This Agreement shall not be construed against the party
preparing it, but shall be construed as if both parties prepared
this Agreement. This Agreement shall be construed and enforced
in accordance with the laws of the State of California.
14. In the event any provisions hereof is unenforceable,
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such provision shall not affect the enforceability of any other
provision hereof.
15. The parties to this Agreement acknowledge that all
parties have conducted sufficient deliberation and investigation,
either personally or through other sources of their own choosing,
and have had the opportunity to obtain advice of counsel
regarding the terms and conditions set forth herein, so that they
may intelligently exercise their own judgment in deciding whether
or not to execute this Agreement.
16. The parties hereto (including any officer, agent,
employee, representative or attorney of or for any party)
acknowledge that they have not made any statement, representation
or promise to the other party regarding any fact material to this
Agreement except as expressly set forth herein. Furthermore,
except as expressly stated in this Agreement, the parties in
executing this Agreement do not rely upon any statement,
representation or promise by the other party or of any officer,
agent, employee, representative or attorney for the other party.
17. The parties to this Agreement agree that all parties
have carefully read this Agreement and understand the contents
thereof and that each reference in this Agreement to any party
includes successors, assigns, principals, agents, trustees,
family and employees thereof.
18. All references to the plural shall include the singular
and all references to the singular shall include the plural. All
references to gender shall include both the masculine and
feminine.
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Agreement have the full right and [authority?] to enter into this
Agreement on behalf of the parties for whom they are signing.
20. The parties hereto each agree not to disclose the
contents of this executed Agreement.
21. This Agreement may be executed in two or more
counterparts, each of which shall be deemed to be a duplicate
original, but all of which, together, shall constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement, on the date opposite their names.
DATED: __October 26, 1991__ [signature]
ANDREW LEE
DATED: __15 Oct. '91__ CHURCH OF SCIENTOLOGY OF
LOS ANGELES DAY ORGANIZATION
By:
[signature]
Exec Dir
ADDENDUM
Any party to this agreement who seeks enforcement of
this agreement in a court of law or otherwise shall be entitled
to reasonable attorneys' fees and costs.
DATED: __October 26, 1991__ [signature]
ANDREW LEE
DATED: __________________ CHURCH OF SCIENTOLOGY OF
LOS ANGELES DAY ORGANIZATION
By:
[signature]
JEANNE M. GAVIGAN, Attorney
for Church and authorized
[signature]