Document 6w8XeLeqwZoJad7QEj7ZbB8dg

Vorys, Sater, Seymour and Pease 2100 One Cleveland center 1375 East Ninth Street Cleveland. Ohio 44114-1724 . Telephone (216) 479-6100 . Facsimile (216) 479-6060 Writer's Direct Dial Number 216/479-6109 January 5, 1995 Anthony J. Colangelo The Sherwin-Williams Company 101 Prospect Avenue, N.W. Cleveland, Ohio 44115 REDACTED Re: v. The Sherwin-Williams Company. Cuyahoga County Common Pleas Court Case No. 276119 -- Judge Janet R. Burnside Occupational Disease Claim No. OD56778-22 Dear Tony: REDACTED Enclosed is a draft Settlement Agreement and Release of All Claims that we have prepared in connection with the matter. As soon as I incorporate any changes you might have, we will send the Agreement and Release of All Claims to the claimant for signature along with a notice of dismissal with prejudice to be filed in the court case. Please feel free to call me with your comments. My direct dial number is listed above. Very truly yours. Timothy G. Clancy TGC/laW/ 08340549 Enclosures cc (w/ enc.): F. Daniel Balmert, Esq. N40223 0007-SWP-005800438 CONFIDENTIAL REDACTED SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Agreement made as of this____ day of January, 1995, by and between Claimant,__ ______ and Employer, The Sherwin-Williams Company. REDACTED WITNESSETH: Whereas r (the "Claimant") and The Sherwin-Williams Company (the "Employer") desire fully and forever to compromise, settle and adjust without any limitation, exception, reservation or exclusion all of the Employer's (as defined herein) liabilities and all of the Claimant's claims (including, without limitation, Ohio Workers' Compensation Claim No. OD56778-22 and Cuyahoga County Common Pleas Case No. 276119, styled____ v. The Sherwin-Williams Companvl. actions and causes of action, either in law or in equity, and any and all other loss and damage of every kind and nature, known and unknown, filed or not filed, intentional and otherwise, which he now has or could hereafter make against the Employer (as defined herein)( related either directly or indirectly to any injury, illness and/or occupational disease arising out of Claimant's employment with the Employer or otherwise in exchange for the Employer's promise to consider and treat as timely filed Claimant's claim for non-occupational disability benefits (the "Non-Occupational Disability Claim") resulting from or related to any respiratory condition; and Whereas, the Claimant and Employer (as defined herein) are agreed that in view of the disputes which exist or which may in the future arise concerning the liabilities of the Employer (as defined herein), the Employer's promise to consider and treat the N40223.01 ... ~ --.... - - 0007-S WP-005800439 CONFIDENTIAL ^^ h Non-Occupational Disability Claim as timely filed is fair and sufficient consideration to support this agreement. NOW, THEREFORE, for the sole consideration of the Employer's promise to consider and treat the Non-Occupational Disability Claim as timely filed, the Claimant, REDACTED , does hereby fully, expressly and forever release, acquit and discharge the smd Sherwin-Williams Company, its directors, officers, shareholders, employees, agents, attorneys, representatives, divisions, affiliates, subsidiaries, successors and assigns and all related persons and entities (herein, collectively, the "Employer"), without any limitation, exception, reservation or exclusion, of and from any and ail every kind and nature, known and unknown, filed or not filed, intentional and otherwise, against This release includes, BUT EXPRESSLY IS NOT LIMITED TO: 1) all past. present and future medical expenses and claims relative to the matters released and settled hereby; 2) all disabilities, including temporary total, temporary partial, permanent partial and permanent total disability, among others, which have arisen, or which may in the future arise, out of the matters released and settled hereby; and 3) any and all occupational diseases which were incurred or contracted while in the employ of Employer, or which have arisen, or which might arise in the future, out of any exposure, injury or injuries, occupational disease or occupational diseases, which occurred or were contracted or sustained by the Claimant while in the employ of the Employer prior to the date of this Settlement Agreement and Release of All Claims, or out of any injury or occupational disease whatsoever for which Claimant might have filed or asserted a _____ 2 _________________________________ 0007-SWP-005800440 CONFIDENTIAL workers' compensation or intentional tort claim against the Employer prior to the date of this Release of All Claims. It is further agreed that all claims for injuries, occupational diseases and disabilities involved in these matters be forever settled. REDACTED specifically warrants, represents and agrees that he will indemnify the Employer against any and all liabilities, costs and expenses, including attorneys fees, relative to any claim made against the Employer by any person or entity related to any matter released hereunder. REDACTED further warrants, represents and agrees, 1) that not later than ten (10) days after signing this agreement he will file a notice of dismissal of all claims, with prejudice, pursuant to Rule 41 of the Ohio Rules of Civil Procedure in the case styled, REDACTED v. The Sherwin-Williams Company. Cuyahoga County Common Pleas Case No. 276119?,3Jd 2) that he|hus fully iiH'iifffrd^ThlS Sfrtlluannul Agreement and Release of -satisfaction with faisHtawyery~It is agreed that the sole consideration for this release and the dismissal with prejudice of Cuyahoga County Common Pleas Case No. 276119 is the Employer's promise to consider and treat the Non-Occupational Disability Claim as timely filed. / P*,/rtfs*. 0^ >4// ,ri2, u' r;' r-/ns ! 'd<JC *'<&* tK r'AU /"*' fojl fn/H j-hs ' -fi) fLch L /n J &r~t- As# thij * b'f /*j j V tn r OX/ X'X'Sf A a jQfltt'*- "fa 4" jT&e.***-*- X +L- I*'***- J( /<y 0007-SWP-005800441 CONFIDENTIAL IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first aforesaid. CAUTION; THIS IS A RELEASE OF ALL YOUR CLAIMS. WITNESS WITNESS REDACTED _ {Date) The Sherwin-Williams Company Bv: ' (Date) Its STATE OF OHIO COUNTY OF SS: ___personally appeared before me, a Notary Public in and for said County and State, upon this_____day of January, 1995, and acknowledged the signing of the foregoing Settlement Agreement and Release of All Claims to be his free and voluntary act and deed after having been fully informed that this is a complete and final REDACTEDsettlement of all his claims against the Employer (as defined therein) of every type and nature, known and unknown, past, present and future; further swore and acknowledged that he understood die terms of the Settlement Agreement and Release of All Claims, that he fully reviewed same with his lawyer and he further swore that the facts stated and the allegations contained therein are true as he verily believes. In witness whereof I have hereunto set my hand and seal on thisday of January, 1995. NOTARY PUBLIC law/08340508 4 0007-SWP-005800442 CONFIDENTIAL IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO REDACTED Plaintiff, -vsTHE SHERWIN-WILLIAMS COMPANY Defer'1*"* ) ) ) ) ) ) ) ) ) CASE NO. 276119 JUDGE JANET R. BURNSIDE NOTICE OF DISMISSAL WITH PREJUDICE REDACTED Plaint m, hereby dismisses with prejudice the captioned case in its entirety pursuant to Rule 41(A) of the Ohio Rules of Civil Procedure. Respectfully submitted, ROBERT E. SWEENEY COMPANY, L.P.A. David P. Pavlik (0041244) 1500 Illuminating Building 55 Public Square Cleveland, Ohio 44113 216/696-0606 Attorney for Plaintiff/Appellant N40223.02 0007-SWP-005800443 CONFIDENTIAL