Free Statement - District Court of Arizona - Arizona

Merchant Transaction Systems, Inc.
vs.
Nelcela, Inc., an Arizona Corporation;
Len Campagna, an Arizona Resident;
Alec Dollarhide, an Arizona Resident;
Ebocom, Inc., a Delaware Corporation;
POST Integrations, Inc., an Illinois Corporation
* * * *
And related cross and third-party claims.
CIV 02-1954-PHX-MHM
CONSOLIDATED STATEMENT OF FACTS CONTROVERTING NELCELA’S
OMNIBUS STATEMENT OF FACTS IN SUPPORT OF ALL MOTIONS FOR
SUMMARY JUDGMENT
AND
POST, LEXCEL, AND MTSI PARTIES’ STATEMENT OF FACTS IN SUPPORT OF
CONSOLIDATED RESPONSE IN OPPOSITION TO NELCELA’S MOTIONS FOR
SUMMARY JUDGMENT
EXHIBIT 39
Addendum to Settlement Agreement
1668808.1
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Fed.R.Evid. 408
Settlement Communication
ADDENDUM TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE
WHEREAS the Lexcel Parties, MTSl Parties, and POST Parties previously
entered into a Settlement Agreement to resolve any claims that may exist between them,
and to resolve only such claims;
WHEREAS a principal reason for the Settlement Agreement was the fact that each.
ofthe Parties has been the victim of fraud and/or other misconduct perpetrated by the
Nelcela Defendants;
WHEREAS none of the Parties have released any oftheir claims against the
Nelcela Defendants; and
WHEREAS the Parties have learned that the Nelcela Defendants are attempting to
misconstrue the release provisions stated in § 5 of the Settlement Agreement;
The Parties hereby enter into this Addendum to the Settlement Agreement to
clarify their intent as set forth in § 5 of the Settlement Agreement.
l . DEFINITIONS
1.1. ‘“Settlement Agreement" means the Settlement Agreement and Mutual
Release between the Parties, which they entered into on January 20, 2006.
1.2. The definitions contained in the Settlement Agreement are incorporated
into this Addendum.
2. MEANING OF THE RELEASE
2.1. The mutual release set forth in § 5 ofthe Settlement Agreement was
intended only to release claims between the Parties, including claims based
on actions taken by employees or agents ofthe Parties acting in their
capacity as an employee or agent of one of the Parties.
2.2. The mutual release set forth in § 5 ofthe Settlement Agreement does not,
and was never intended to, release, waive, or otherwise affect any claims
any of the Parties have asserted, or may assert, against any ofthe Nelcela
Defendants.
3. O'l`1·—IER COVENANTS
3.1. This Addendum supplements and clarifies the Settlement Agreement. All
provisions ofthe Settlement Agreement remain in effect, as clarified in this
Addendum.
1713950.3
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3.2. This Addendum can be executed in any number of counterparts, each of
which shall be an original but all of which together shall constitute but one
instrument. This Addendum can be executed by facsimile signature,
provided original signatures are delivered to the Parties’ counsel within l0
calendar days of the date of execution.
The Lexcel Parties The POST Parties
Q By . 4 mw
1 , (I
Dated: March , 2006 Dated: V M 3___. 2006
The MTSI Parties
By._._____;______
Dated: March , 2006 V ii
2
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3.2. This Addendum can be executed in any number of counterparts, each of
which shall be an original but all of which together shall constitute but one
instrument. This Addendum can be executed by facsimile signature,
provided original signatures are delivered to the Parties’ counsel within 10
calendar days ofthe date of execution.
The Lexcel Parties · The POST Parties
By By
Dated: March , 2006 Dated: March , 2006
A//5/ima
The MTSI Parties 4
By.;_______;_
Dated: March , 2006
2
masses ,
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