Free Declaration - District Court of Arizona - Arizona

FROM: EDWARD NEWBEGIN [MAILT0:[email protected]]
SENT: FRIDAY, JANUARY 07, 2005 9:44 AM
T0: PETER HEUSER
SUBJECT: RE: PHELPS DODGE
G0 AHEAD AND MAKE THE OFFER AND WE WILL SEE WHAT HAPPENS WITH NETARIM. THEY WERE NEVER MENTIONED OR
INCLUDED IN THE LAWSUIT S0 I D0N'T SEE WHY THEY SH0ULD BE RELEASED.
ED
————— ORIGINAL MESSAGE ——~——
FRDM: PETER HEUSER [MAILTO:[email protected]]
SENT: THURSDAY, JANUARY 06, 2005 8:50 PM
T0: EDWARD NEWBEGIN
CC: RICK KRAUTH; ANITA TABAYOYON
SUBJECT: RE: PHELPS DODGE
ED
I CAN’T IMAGINE THAT THEY WOULD SETTLE WITHOUT NETAEIM BEING RELEASED. PLEASE CDNPIRM
THAT I SHOULD
MAKE THE OFFER, NOT MENTIDN NETAEIM, BUT BE PREPARED TO ADD A RELEASE TO NETAPIM IF THEY INSIST. I
AM SURE
THE OTHER TERMS BELOW WILL BE ACCEPTABLE.
PETE
FROM: EDWARD NEWBEGIN [MAILTO:[email protected]]
SENT: THURSDAY, JANUARY 06, 2005 iLI:12 AM
T0: PETER HEUSER
CC: RICK KRAUTH
SUBJECT: FW: PHELPS DODGE
PETE,
G0 AHEAD AND CONTACT KITTERIDGE OFFERING SETTLEMENT FOR R 1: A
ED
—-——- ORIGINAL MESSAGE —————
FROM: EDWARD NEWEEGIN
SENT: TUESDAY, JANUARY 04, 2005 2:05 PM
T0: PETE HEUSER (PETE HEUSER)
SUBJECT: PHELPS DODGE
PETE,
WITH REGARD TO THE POSSIBLE SETTLEMENT WITH PHELPS DODGE THERE ARE CERTAIN POINTS I WANT INCLUDED
IN THE
SETTLEMENT AGREEMENT-
1. IT SHOULD BE CONFIDENTIAL
2. IT SHOULD BE A MUTUAL RELEASE IN OTHER WORDS THEY CAN’T TURN AR0UND AND SUE US AFTER WE SETTLE.
ALL
RELEASES SHOULD APPLY TO RICK AS WELL AS WADE.
3. I ASSUME IT WILL GIVE THEM A EREE PASS WITH REGARD TO FUTURE LIABILITY. HOWEVER I D0N*T WANT TO

NETAEIM S0 THIS COULD BE A STICKING POINT. D0N‘T MENTION NETAFIM UNLESS THEY D0.
EXh1b1t A Page 1
Case 2:04-cv—O05Zf4—PGF¥ &D0cument 67-2 Fnled O3/31/2006 Page1 0f1 WAE 6832

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Case 2:04-cv-00544-PGR

Document 67-2

Filed 03/31/2006

Exhibit A Page 1 Page 1 of 1 WAE 6832