Document Z8b2yKJNEXVy35pwK2RYVG1VL

** TX CONFIRMATION r epo r t ** DATE TIME TO/FROM 03 03/04 09:16 9 216 479 6060 AS OF MAR 04 >95 03:18 PfiGE.01 S-W BENEFITS MODE MIN/SEC PGS EC--S 02'00" 00? CMD8 STATUS 021 OK FACSIMILE MESSAGE The Sherwin-Williams Company 101 Prosoeei Avenue. N.w Cleveland, Ohio -3J15-1075 Date: _jy/ Page 1 of ___I_------ TO: FROM: RE: Fax#: j/^ro {/(ML 0L0 Anthony J. Colangelo Manager - Workers' Compensation Phone: (216) 566-3095 Fax *: (216) 566-2553 REDACTED "T /wv- LIUM ^ (wyiabz GjL 0 q *- (J j u ^ tots. LWF-v-'V. H. CJLL* CiOft /o (iv/VoAo If you do not receive all pages, please contact me at die phone number listed above. N40217 13955 0007-SWP-005800416 CONFIDENTIAL The Sherwin-Williams Company 101 Prospect Avenue. N.W. Cleveiana. Ohio 44115-1075 FACSIMILE MESSAGE Date: 2(si 9S Page 1 of 7 FROM: Anthony J. Colangelo Manager - Workers7 Compensation Phone: (216) 566-3095 Fax : (216) 566-2553 REDACTED "T^/Wv- ^ M/hy^` LLM a (J Pr- OUL* 00* /o C/y/Vofct) If you do not receive ail pages, please contact me at the phone number listed above. N40217.01 13955 0007-SWP-005800417 CONFIDENTIAL T&nu~ Pir (lurchstiissm re- the KJmt, ) hthtvc REDACTED J fit '(mq u ao l itftrtTthuL tr\ fhi&'riimz&tMzs brvadir w o r ker s8 SCflOt 3ufr5 ft Sdr iM/WtXMs. 4)unJL COMPENSATION ' SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims is entered into this day of November, 1993, by and between and (Deshler Products)) and The Sherwin-Williams Company, L Jftecem&er Ur v'/fty is Deshkr Shown )ite this 7 -QIC fa fust use S-'A' WITNESSETH: REDACTED WHEREAS, 'the "Claimant") desires fully and forever to compromise, settle and adjust without any limitation, exception, reservation or exclusion all claims (including, but expressly not limited to, all of Claimant's Workers' Compensation claims), disputes, demands, controversies, damages, actions, discrimination claims (including, without limitation, sex, race, age, religion, national origin/ancestry, handicap, Americans with Disabilities Act, and all other discrimination claims of every kind and nature) and causes of action, either in law or in equity, and any and all other loss or damage of every kind and nature, known and unknown, filed or not filed, intentional and otherwise, which she now has or could hereafter make against The Sherwin-Williams Company for the sum of Twenty Eight Thousand Dollars ($28,000.00) (the "Consideration"); and WHEREAS, the Claimant and The Sherwin-Williams Company are agreed that in view of the disputes which exist or which may in the future arise between them, the Consideration is a fair and reasonable settlement. NOW, THEREFORE, for the sole Consideration paid by Employer (as defined herein) to Claimant, the Claimant, for herself and on behalf of her heirs, administrators, executors, successors and assigns, does hereby fully, expressly and forever release, acquit and discharge The Sherwin-Williams Company, its directors, officers, shareholders, employees, agents, attorneys, representatives, divisions, affiliates, subsidiaries, successors N40217.02 0007-S WP-005800418 CONFIDENTIAL the Claimant's claims for injuries, occupational disease and disabilities against the Employer are, hereby, forever settled. This Settlement Agreement and Release of All Claims also includes, and it is the Claimant's intention to hereby fully, expressly and forever release, acquit and discharge The Sherwin-Williams Company from, all claims of alleged employment discrimination in violation of any federal, state or local statute, ordinance, judicial precedent, or executed order including, but not limited to, claims for discrimination on the basis of age, race, color, religion, sex, nationality, and/or handicap, whether asserted under the Ohio Fair Employment Practice Law, The Civil Rights Act of 1964 as amended, The Age Discrimination in Employment Act, The Americans With Disabilities Act, The Civil Rights Act known as 42 United States Code 1981, The Family and Medical Leave Act, The Rehabilitation Act of 1972 as amended, and/or any other applicable federal, state or local law, rule or ordinance of any kind. Claimant additionally specifically warrants, represents and agrees that in exchange for the Consideration, she will (1) voluntarily resign from her employment with the r-C3-\tnda.r Employer, in writing, and within seven days of the effective date of the Settlement Agreement and Release of All Claims; (2) will enter into an Agreed Dismissal Entity,. with prejudice in the case style The Sherwin-Williams Co., et al,, Henry County Common Pleas Court, Case No. 92-CV-122 (Judge Rohrs) (the \ Jy it' "Litigation"); (3) dismiss, with prejudice, her application for additional compensation of a claimed violation of a specific safety requirement filed June 23; 1992 in Claim No. OD41227-22; and (4) enter into the separate settlement agreement terminating Claim No. OD41227-22 on the records of the Industrial Commission of Ohio and Bureau of Workers' Compensation. REDACTED 3 0007-SWP-005800420 CONFIDENTIAL she decides to execute the Agreement, she will have seven[ days following her execution of same (the "Waiver Period") to revoke the Agreement. Further, Claimant acknowledges and understands that the Agreement, if signed by her, will become effective after expiration of the Waiver Period and the approval of the separate settlement agreement pertaining to Claim No. 41227-22. The Claimant further warrants, represents and agrees that she has hilly reviewed this Settlement Agreement and Release of All Claims, and all of its consequences and ramifications, to her full and complete satisfaction. Claimant warrants, represents and agrees that the total monetary consideration for this Settlement Agreement and Release of All Claims is Twenty Eight Thousand Dollars ($28,000.30) and that this Settlement Agreement and Release of All Claims contains the entire understanding and agreement of the parties with respect to the subject matter hereof. In witness whereof, the parties executed this Settlement Agreement and Release of All Claims as of the day and year first aforesaid. CAUTION! THIS IS A RELEASE OF ALL YOUR CLAIMS. CONSULT WITH AN ATTORNEY PRIOR TO EXECUTING THIS AGREEMENT. WITNESS STATE OF OHIO COUNTY OF REDACTED SS. (Date) Jean L. Crouch personally appeared before me, a Notary Public in and for said County and State, upon thisday of _, 1993, and acknowledged the signing of the foregoing Settlement. Agreement and Release of All Claims to be her free and voluntary act and deed after having been fully informed that 5 0007-SWP-005800422 CONFIDENTIAL