Bishop Accountability
 
 

SETTLEMENT AGREEMENT & ARBITRATION AGREEMENT

Note: The text of the Settlement Agreement & Arbitration Agreement with its exhibits was faxed to us by a number of survivors. The text presented here was scanned from one fax and checked against another. Every attempt has been made to offer a correct text of this important document. Please write to us at staff@bishop-accountability.org with corrections if we have introduced any transcription errors.

This Settlement and Arbitration Agreement (hereinafter "the Agreement") is made this __ day of ___, 2003, by and between the Claimant, ______, or by his or her parent or next friend, or his or her legally appointed guardian, conservator, executor or administrator (hereinafter "the Claimant"), and the Roman Catholic Archbishop of Boston, a Corporation Sole (hereinafter "the RCAB"). The Claimant, the RCAB, and Commonwealth Mediation and Conciliation, Inc. (hereinafter "CMCI") shall execute this Agreement, which may be signed in counterparts. CMCI is a party, but is only executing this Agreement with respect to the provisions of this Agreement that directly pertain to it. This Agreement represents the "Uniform Arbitration and Settlement Agreement" called for by the Memorandum of Understanding Between the Steering Committee Representing Victims of Abuse and the Roman Catholic Archbishop of Boston, A Corporation Sole, executed and filed with the Suffolk Superior Court on September 9, 2003 (hereinafter "the MOU").

To participate in the settlement, the Claimant shall execute one original of this Agreement. Claimant's counsel shall then fill in the counsel information at the end of the Agreement, make two copies, and deliver the original and two copies to Counsel for the RCAB; the original and two copies will be treated as three counterparts. (Counsel for Claimant and Counsel for the RCAB are not parties to this Agreement.) As provided in paragraph 14 below, the Claimant must also execute at the same time the Claimant executes this Agreement the Release attached as Exhibit 1, and Claimant's counsel must execute a Stipulation of Dismissal (if applicable) and deliver the originals to CMCI to be held in escrow, with copies to counsel for the RCAB. Upon receipt of signed original Agreements from at least 80% of the 552 Claimants (unless a lower percentage is agreed to as provided in paragraph 3 of the MOU), the RCAB shall execute the three counterparts of this Agreement received from Claimant's Counsel and deliver them to CMCI for its execution. CMCI then will retain one original, and will deliver one original Agreement to Counsel for Claimant and one original Agreement to Counsel for RCAB (which shall be the original signed by Claimant). Counsel for RCAB shall promptly notify Counsel for all participating Claimants and CMCI that the RCAB has received and executed the Settlement Agreements.

The RCAB and the Claimant have agreed to execute mutual releases in the forms attached hereto as Exhibits 1 and 2. As to the release being executed by the Claimant, in the event any individual or entity released by the Claimant shall bring an action or claim against the Claimant which arises out of a claim which is the subject of the Claimant's release, then that release shall be null and void with respect to such individual or entity, but shall remain in full force and effect as to the RCAB and any other persons or entities covered by the release.

WHEREFORE, for and in consideration of the promises set forth herein and other good and valuable consideration the sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

1. With regard to the Claimant's claim, the RCAB will pay Claimant to settle Claimant's claim an amount of money to be determined through arbitration pursuant to M.G.L. c. 251. The arbitration shall be conducted by Paul A. Finn, Esq., the President of CMCI (hereinafter "the Chief Arbitrator") or an arbitrator assigned by the Chief Arbitrator. The Steering Committee has approved a list of arbitrators designated by the Chief Arbitrator. This list will be provided to all Claimants' counsel. Prior to signing this Agreement, the Claimant will be shown the list of arbitrators approved by the Steering Committee. If the Chief Arbitrator wishes to add any additional arbitrator to the list, the Claimant agrees that each additional name must be approved by the Steering Committee. The Chief Arbitrator shall assign an arbitrator to arbitrate Claimant's claim from the approved list of arbitrators. Within twenty-four hours after the Chief Arbitrator notifies the Claimant, through Claimant's Counsel, of the assigned arbitrator, the Claimant may object to that arbitrator. The Claimant agrees that the Claimant can only object to the assigned arbitrator solely on the basis of an apparent conflict of interest or appearance of impropriety. The Chief Arbitrator is to have sole discretion in deciding whether to allow the objection. His decision is binding and it shall not be a ground for challenge of the arbitration award in Court.

2. The arbitration awards in this case shall be to compensate each Claimant who has presented a sexual abuse claim for physical injury or sickness arising from the claimed abuse. The actual amount to be paid by the RCAB will be determined by the assigned arbitrator in consultation with the Chief Arbitrator. The Arbitrator in consultation with the Chief Arbitrator must first determine that the application of the minimum set forth below would not create a substantial injustice. The term substantial injustice as applied to the arbitration process means that the Claimant suffered no damages as a result of the conduct complained of. If the Arbitrator makes such a finding of substantial injustice, then the executed releases shall be returned to the respective parties who executed them, the Chief Arbitrator shall return the Stipulation of Dismissal (if any) to the Claimant, and the Claimant will be deemed to not opt in as described in paragraph 3 of the MOU; in that event, the Settlement Fund will be reduced in the amount provided in the MOU as if the Claimant had never signed the Settlement Agreement. If the Arbitrator determines that Claimant suffered any damage, the amount of the arbitration award for a sexual abuse claim shall be no more than $300,000 and no less than $80,000. The criteria for the Arbitrator to determine the amount of the award for a sexual abuse claim shall include the type of abuse, its duration and the extent of injuries suffered by the Claimant. In cases in which the claim is for loss of consortium, the award shall be $20,000. The Arbitrator shall not consider any prior settlements or any liability issues, including, but not limited to, defenses such as lack of negligence or notice, statute of limitations, and charitable immunity. The award issued by the Arbitrator, in consultation with the Chief Arbitrator, shall be left to the sole discretion of the Arbitrator in consultation with the Chief Arbitrator, and shall not be subject to objection, review or suit brought by any Claimant, except as provided in paragraph 8 below. All awards shall state the amount of the award.

3. The RCAB and the Claimant shall pay the arbitration fees equally, 50% from the RCAB and 50% from the Claimant. The fees shall be set by CMCI and shall be paid to CMCI. The total fee for the Claimant's arbitration shall be $2,000 (there shall be no additional fee for loss of consortium cases, the fee for which shall be covered by the arbitration fee for the abuse claim to which the lost consortium claim relates). The RCAB shall pay its share of the arbitration fee at least seven days prior to the arbitration hearing or on October 16, 2003, whichever is later. The Claimant's share of the arbitration fee shall be deducted from the award issued to Claimant and paid by the RCAB to CMCI at the same time the RCAB pays the award. The Chief Arbitrator shall schedule Claimant's Arbitration hearing so that it is held on a date from October 16, 2003, to December 17, 2003, inclusive. In the event that it is determined prior to October 16, 2003, that eighty percent of the Claimants have signed these agreements, and the necessary releases and stipulations of dismissal (if applicable), then these hearings may be commenced before October 16, 2003. If Claimant signs this Agreement, and the necessary release and stipulation of dismissal (if applicable), but Claimant has not proceeded in the manner prescribed in paragraph 5 below at or prior to December 17, 2003, then $80,000 shall be deducted from the Settlement Fund described in the MOU. In such event, if the Claimant does comply with the requirement set forth below by December 17, 2005, then he or she shall receive an $80,000 award, and the provisions of paragraphs 16-17 below as to payment and release of escrowed documents shall apply, with payment to be made within seven (7) days of the award and the stipulation of dismissal (if applicable) to be filed with the Court within one month of payment. If the Claimant does not comply with the requirement set forth below by December 17, 2005, then he or she shall receive no award, and CMCI will deliver to the RCAB the escrowed release and stipulation of dismissal.

4. If Claimant or Claimant's counsel encounters difficulty in securing testimony, or written or oral records or information that Claimant or Claimant's counsel believe is needed for Claimant's arbitration hearing, the Chief Arbitrator, at the request of the Claimant or Claimant's Counsel shall issue appropriate subpoenas pursuant to M.G.L. c. 251, § 7.

5. At the Claimant's hearing, a presentation shall be made by or on behalf of the Claimant concerning his or her damages suffered as a result of the alleged abuse. The Claimant's arbitration hearing shall be no longer than two (2) hours. The Arbitrator may only ask the Claimant his/her name, date of birth, or address, unless the Claimant's counsel gives permission for the Arbitrator to ask additional questions. At Claimant's arbitration hearing, the Claimant must appear unless he or she is a minor, incompetent, serving in the military (or merchant marine), deceased or otherwise unavailable for medical, psychological, or other substantial reasons. If the Claimant chooses not to give personal testimony, he or she must submit an affidavit under oath or under the pains and penalties of perjury describing the abuse suffered and the resulting damages. In the event the Claimant is a minor, incompetent, serving in the military (or merchant marine), deceased, or otherwise unavailable for medical, psychological, or other substantial reasons, the Claimant's attorney shall present other evidence relating to the abuse and injury, including without limitation, affidavits under oath or under the pains and penalties of perjury from persons with relevant information, medical records, and/or forensic evaluation. Claimant may submit any information, records or testimony bearing upon damages for consideration by the Arbitrator. Counsel for the Claimant may make comment upon the damages sustained by the Claimant. Before the close of the Claimant's arbitration hearing, Counsel for the Claimant may notify the Arbitrator that the Claimant intends to supplement the information, records or testimony submitted at Claimant's arbitration hearing with written records or information which is to be received by the Arbitrator no later than December 15, 2003. The Arbitrator shall consider no information, records or testimony not submitted by the Claimant or Claimant's Counsel. If the Claimant is not physically able to attend the hearing, then the Chief Arbitrator shall make appropriate arrangements to have the assigned Arbitrator travel to an agreeable location. In the event that the Claimant does not appear for the reasons set forth above, the Claimant may present testimony by videotape, audiotape, telephone, or video conference. The Claimant may submit a forensic evaluation or a statement from a health care professional, but shall not be required to do so. The Claimant may have any person of his or her choosing speak at the hearing.

6. Counsel for the RCAB shall not be present at said arbitration hearing. No person other than the arbitrator shall be present at the hearing without the consent of the Claimant. If the Claimant requests, a representative of the Archbishop of Boston, who is not an attorney, shall be present at Claimant's arbitration hearing. The Claimant shall be entitled to have present at said hearing any of his/her family, friends, health providers, or other individuals invited by the Claimant. At the conclusion of the Arbitration hearing Counsel for the Claimant may present oral argument to the Arbitrators.

7. Any materials of whatever nature submitted by Claimant, his or her counsel to the Arbitrator, Chief Arbitrator, or CMCI in connection with the arbitration process as well as any materials prepared or created by CMCI, the Chief Arbitrator or any individual arbitrator, which in any way related to the arbitration awards issued pursuant to the MOU shall remain in the custody of CMCI, and on February 6, 2004 such materials shall be destroyed. The Arbitrator shall not reveal the evidence or written arguments presented during the course of the arbitration hearing to anyone other than the Chief Arbitrator. All communications for administrative purposes only shall be between the Chief Arbitrator, his administrator, and counsel for the Claimant. The Arbitrator shall issue a written award pursuant to M.G.L. c. 251 § 8, on or by December 20, 2003. All awards for all Claimants participating in the settlement shall be issued simultaneously on or by December 20, 2003 (except for any awards issued after December 20, 2003 in accordance with paragraph 3 of this Agreement). The total of all awards issued on or by December 20, 2003 shall equal the full amount of the Settlement Fund specified in the MOU, as reduced for any Claimants opting not to participate as provided in paragraph 3 of the MOU, or deemed not to opt in as provided in paragraph 2 of this Agreement (and identical agreements executed by other Claimants), or as adjusted for Claimants who have not timely proceeded with their arbitration hearings as provided in paragraph 3 of this Agreement (and identical forms of this Agreement executed by other Claimants). On the same day the awards are made, the Chief Arbitrator shall issue a certification to the RCAB and the Steering Committee that the amount of the awards total the Settlement Fund as reduced in accordance with the MOU and this Agreement. The Chief Arbitrator shall reveal the amount of the Claimant's award only to the Claimant and the RCAB, or their counsel.

8. This Agreement shall be construed under and in accordance with the laws of the Commonwealth of Massachusetts. Each arbitration hearing and award shall be subject to M.G.L. c. 251. There shall be no right of appeal except insofar as a Court of competent jurisdiction may confirm, vacate, modify, correct or enforce the Arbitration award as provided for in M.G.L. c. 251. Parties to this Agreement consent that judgment may be entered in any federal and/or state Court having jurisdiction thereof. Other than as provided in M.G.L. c. 251, §§ 12 and 13, neither CMCI, the Chief Arbitrator, nor the designated Arbitrators shall be liable to any party for any act or omission in connection with the arbitration hearing conducted herein.

9. This Agreement, with attached Exhibits, constitutes the entire agreement between the Claimant, the RCAB, and CMCI. With regard to deadline dates stated in this Agreement or the MOU, such dates may be extended if the Steering Committee, the RCAB, and CMCI agree. In order to address omissions, inadvertent mistakes, or matters which arise after the execution of this Agreement, each Claimant agrees that this Agreement may be modified, amended or supplemented in order to effectuate the intent of the parties if the Steering Committee, the RCAB and CMCI agree to make such modification, amendment or supplement. It is acknowledged that each party has participated in the drafting of this Agreement, and that any claimed ambiguity should not be construed for or against any Party.

10. Any dispute concerning this Agreement shall be resolved by the Chief Arbitrator. The decision of the Chief Arbitrator regarding any such dispute is final and binding.

11. The Claimant hereby acknowledges that he/she has read this Agreement, knows the contents hereof, and that he/she signs this Agreement as his/her own free act. Through his or her signature below, the Claimant states and represents that he or she has received legal advice from Claimant's Counsel prior to the execution of this document. The Claimant understands that the terms of this document and the MOU were negotiated between a Steering Committee (nominated by Plaintiffs' counsel representing all of the Claimants referred to in the MOU) and counsel for the RCAB. By executing this document, the Claimant ratifies all actions undertaken by the Steering Committee and releases each member of the Steering Committee, jointly or severally, and their respective law firms and their agents from any and all claims or causes of action of any nature arising from any action undertaken with respect to this agreement or the MOU.

12. The RCAB hereby acknowledges that its duly authorized agents have read this agreement, know the contents hereof, and that the RCAB signs this Agreement as its own free act. The RCAB represents that it has obtained the advice of legal counsel prior to executing this Agreement. The necessary approvals have been obtained by the RCAB to execute this Agreement.

13. The Claimant understands that the RCAB will do the following as an integral component of the Settlement as described in the MOU:

a. After Claimant receives Claimant's award, the Claimant still shall be eligible to participate in the continued therapy and healing program offered by the RCAB.

b. The RCAB has two boards in place, the Archdiocesan Review Board and the Implementation and Oversight Committee. The RCAB is willing to add at least one additional survivor member to both of these boards. Additionally, the Office of Pastoral Support and Outreach is in the process of developing an Advisory Board. It is anticipated that this board will be largely comprised of survivors or the family members of survivors. The RCAB would welcome suggestions of potential candidates for this board. Among the items that might be considered by this Advisory Board would be the establishment of a resource library and the consideration of an appropriate memorial, living tribute, or remembrance.

c. Given that the harm suffered by many survivors and their families involves severe damage to their faith lives, the Office of Pastoral Support and Outreach shall continue to offer spiritual direction and spiritual counseling services. Specific programs, such as retreats, healing and reconciliation services, survivor and family of survivor spiritual support groups, and when appropriate or requested referral to ecumenical and/or interreligious, spiritual counselors will be among the services offered through the Office of Pastoral Support and Outreach.

d. The RCAB will take appropriate action to ensure that when survivors obtain assistance from the Office of Healing (now known as Office of Pastoral Support and Outreach) that information, including treatment updates, will remain confidential and not shared with the RCAB or its counsel.

14. At the same time this Agreement is executed by the Claimant, the Claimant shall execute the Release attached as Exhibit 1 and deliver that Release to CMCI. CMCI shall hold that Release in escrow until the awards are announced on December 20, 2003 and payment is made, as provided below. In addition, at the same time the Agreement and the Release are executed by Claimant, the Claimant's counsel will execute a Stipulation of Dismissal with prejudice and without costs of any civil action brought by Claimant that is covered by the Release. The Stipulation of Dismissal executed by Claimant shall be delivered to CMCI and held in escrow by CMCI until full payment is made by the RCAB to the Claimant, as provided below. At the time counsel for Claimant delivers the three counterparts of this Agreement to counsel for the RCAB, counsel for Claimant shall also deliver copies of the escrowed Release and Stipulation of Dismissal (if applicable) to counsel for the RCAB. These copies may be stamped or otherwise marked to indicate in substance that they are subject to the provisions of Settlement Agreement & Arbitration Agreement. If payment is not made by RCAB pursuant to the Agreement, these copies are null and void and will be immediately returned to Counsel for Claimant.

15. The RCAB will execute this Agreement after receipt of an original Agreement signed by the Claimant, and upon receipt of original signed Agreements from at least 80% of the 552 Claimants subject to the MOU (unless a lower percentage is agreed to as provided in paragraph 3 of the MOU). At the same time the RCAB executes this Agreement, the RCAB shall execute the Release attached as Exhibit 2 and deliver that Release to CMCI to be held in escrow until full payment is made to Claimant, as provided below. The RCAB is willing, after signing this Agreement, to use its best efforts to secure executed releases, in the form attached as Exhibit 4, from any individuals now living or entities still in existence who have been accused by Claimant in any pending claim or suit of committing, or negligently causing or permitting, sexual abuse with respect to Claimant or members of Claimant's family, and who are otherwise covered by Claimant's Release. Counsel for RCAB will notify Counsel for Claimant by October 10, 2003, as to the identity of any such individuals or entities from whom it is attempting to secure a Release, and will also identify any such individuals or entities no longer living or in existence. By November 15, 2003, Counsel for RCAB will deliver to CMCI, to be held in escrow, originals of any such Releases so secured, and shall notify Counsel for Claimant as to the identity of the individuals or entities signing a Release, as well as the identity of the individuals or entities declining to sign. As to any individuals or entities signing a Release, the Chief Arbitrator will add their names to the Release signed by Claimant, in the space provided, as parties specifically covered by Claimant's Release. As to any individuals or entities declining to sign, the Chief Arbitrator will add their names to the Release signed by Claimant, in the space provided, as parties as to whom the Release specifically shall not apply. Copies of the Claimant's Release, as so modified, shall be provided by CMCI to Counsel for Claimant. The Release from Claimant, as so modified, shall remain in full force and effect as to the RCAB and any other persons or entities covered by the Release. Neither the RCAB, nor entities under its supervision, direction, or control, will provide any direct or indirect financial support for the prosecution or defense of any legal action by or against the Claimant (including without limitation any counterclaim) undertaken by any individual or entity declining to execute the Release attached as Exhibit 4.

16. Payment by the RCAB shall occur on December 22, 2003, by delivery of a check in the amount of the award (less the Claimant's share of the arbitration fee) to Claimant payable to the law firm (designated below) representing the Claimant as attorney for the Claimant, or as the Claimant and Claimant's attorney otherwise direct. The check shall be available on December 22, 2003 at the Boston office of Ropes & Gray unless Claimants' [sic] attorney has asked that the check be sent by overnight mail for receipt on December 23, 2003. Upon delivery of the check, counsel for the RCAB shall notify CMCI of the payment and CMCI shall then release from escrow to Counsel for the RCAB the Stipulation of Dismissal (if any) executed on behalf of the Claimant. Upon notice of such payment, CMCI shall also release from escrow to Counsel for the Claimant the Release executed by the RCAB and the Releases executed in the form attached hereto as Exhibit 4, and to Counsel for the RCAB the Release executed by the Claimant.

17. If Claimant has filed suit and no Defendant has been served and appeared, then the counsel for the RCAB shall promptly file, on or soon after January 14, 2004, the Stipulation with the Court, with notice to counsel for the Claimant. In any case where the RCAB or other Defendants have been served and appeared, then counsel for the RCAB will execute the Stipulation and, as to any other Defendants, will use its best efforts to secure signatures by counsel for other Defendants (or by the Defendant if he or she is proceeding pro se) and file the Stipulation with the Court by January 27, 2004. In the event any Defendant other than the RCAB refuses to execute the Stipulation, then the Release from Claimant as to that Defendant shall be null and void, but shall remain in full force and effect as to the RCAB and any other persons or entities covered by the Release. In that event, the parties signing the Stipulation shall file a joint motion by January 27, 2004 to dismiss the case as to all defendants with prejudice and without costs as to all parties. No further discovery shall be conducted by the Claimant and the RCAB pending the filing of said Stipulations. The Claimant and the RCAB shall, on or before October 31, 2003, seek a stay or seek a continuance of a stay of all civil litigation between the Claimant and Defendants in accordance with M.G.L. c. 251.

18. Paragraph 7 of the MOU shall be amended as follows: in line three of paragraph 7, the words "and evidence" shall be inserted between the words "testimony" and "concerning"; in line six of paragraph 7, the words ", but are not limited to," shall be inserted between the words "include" and "such"; and in line seven of paragraph 7, the words "or redacting" shall be inserted at the end of the sentence currently concluding with "document reproduction or scanning."

19. The Parties to this Agreement (other than CMCI which is not a party to the MOU) adopt and ratify the MOU. The MOU, a copy of which is attached hereto as Exhibit 3, is incorporated by reference as if fully stated herein, unless expressly modified by this Agreement. The amount of the Settlement Fund shall be determined as set forth in that MOU and paragraphs 2 and 3 of this Agreement. Contrary to paragraph 2 of the preamble to the MOU, the MOU will not be replaced by any further writing apart from the provisions contained herein.

20. The terms and conditions of this Agreement shall be binding and inure to the benefit of each of the Parties and their respective successors, heirs and assigns.

21. It is further understood and agreed by Claimant that this Agreement is not to be construed as an admission of liability upon the part of any of the released parties, but rather as a good faith settlement of disputed claims.

22. The Claimant states and warrants that he or she is the sole owner of the claims involved, and that such claims have not been assigned, encumbered, or transferred.

23. Where required, counsel for Claimant shall apply for court approval of this Agreement.

24. Where applicable herein, the masculine gender shall include the feminine gender and the feminine gender shall include the masculine gender.


Witness my hand and seal this __ day of ______, 2003.

________________
Claimant

________________
Witness

 


Witness my hand and seal this ___ day of ______, 2003.

___________________
Roman Catholic Archbishop of Boston,
a Corporation Sole, by
Sean P. O'Malley, OFM Cap.
Archbishop of Boston

___________________
Witness



Witness my hand and seal this __ day of ______, 2003.

Commonwealth Mediation and Conciliation, Inc.
By:

___________________
Paul A. Finn, President, Duly Authorized Officer
(and signing in his official not individual capacity)
Commonwealth Mediation and Conciliation, Inc.
130 Liberty Street
Brockton, MA 02301


All notices and communications with respect to the Claimant or the RCAB shall be directed to the following counsel:

Counsel for Claimant

______________________________
PRlNT NAME ABOVE
Address:

Phone Number:


Counsel for RCAB
THOMAS H. HANNIGAN, JR.
Ropes & Gray, LLP
One International Place
Boston, MA 02110
(617) 951-7000


Exhibit 1
CLAIMANT'S GENERAL RELEASE

______________________ ("the Claimant") for and in consideration of the promises and undertakings contained in the Settlement Agreement & Arbitration Agreement, the sufficiency of which is hereby acknowledged, hereby remises, releases and forever discharges the Roman Catholic Archbishop of Boston, a Corporation Sole ("the RCAB"); the Archdiocese of Boston; any present or former bishops, archbishops or cardinals of the Archdiocese, in both their individual and official capacity; any entities affiliated with the RCAB; and present or former priests, nuns, other clergy, agents, servants, officers, trustees, directors, supervisors, attorneys, employees, volunteers, insurers, predecessors, successors, assigns, subsidiaries and affiliates of the RCAB or the Archdiocese, including without limitation any such person accused of committing or negligently causing or permitting sexual abuse with respect to the Claimant or members of the Claimant's family (all of the foregoing hereinafter collectively referred to as the "Released Parties") of and from any and all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages, judgments, executions, orders, and any and all claims, demands and liabilities whatsoever of every name and nature, whether in LAW, in EQUITY, or otherwise which the Claimant ever had, now has, or which Claimant or Claimant's successors hereinafter can, shall, or may have by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of this Release, and whether such claims are now known or unknown, including without limiting the generality of the foregoing, any and all claims made or that might have been made in any pending claim or suit. With respect to any claims arising from or related to an act or acts of abuse which have formed the basis of a claim or suit against the RCAB or persons or entities employed by or affiliated with the RCAB, the Released Parties covered by this Release shall also include any other persons or entities whether or not they are employed by or affiliated with the RCAB. This release does not apply to persons or entities who are not persons or entities employed by or affiliated with the RCAB with respect to any claims arising from or related to an act or acts of abuse that have not formed, or could not form, the basis of a claim or suit against the RCAB or persons or entities employed by or affiliated with the RCAB.

Pursuant to para. 15 of the Settlement Agreement & Arbitration Agreement, and without limiting the generality of the foregoing, this Release specifically covers the following individuals and entities: __________________.

Pursuant to para. 15 of the Settlement Agreement & Arbitration Agreement, and without limiting the generality of the foregoing, this Release specifically does not cover the following individuals and entities: _________________.

IN WITNESS WHEREOF, the Claimant has set his/her hand and seal to this Release as of the date written below.


Date: __________________

_______________________
Claimant

Print Claimant's Name _______________________

Witnessed by:
_______________________


RCAB Release

Exhibit 2
RCAB GENERAL RELEASE

The Roman Catholic Archbishop of Boston, a Corporation Sole ("RCAB"), for and in consideration of the promises and undertakings contained in the Settlement Agreement & Arbitration Agreement, the sufficiency of which is hereby acknowledged, hereby forever remises, releases and forever discharges ___________________ ("the Claimant") and Claimant's heirs, attorneys (including their law firms, agents, servants, or employees),
executors, predecessors, parents, successors, agents, servants, employees, and assigns of and from any and all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages, judgments, executions, orders, and any and all claims, demands and liabilities whatsoever of every name and nature, whether in LAW, in EQUITY, or otherwise which the RCAB ever had, now has, or which it or its successors hereinafter can, shall or may have by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of this Releases and whether such claims are now known or unknown.

IN WITNESS WHEREOF, the Roman Catholic Archbishop of Boston has set his hand and seal to this Release as of the date written below.

Date: _______________

____________________
Sean P. O'Malley, OFM Cap.
Archbishop of Boston

Witnessed by:
___________________


Exhibit 3
Memorandum of Understanding
Click here for the text of the MOU posted on the BishopAccountability.org site.



Exhibit 4
GENERAL RELEASE

______________ ("the Releasor"), for and in consideration of the promises and undertakings contained in the Settlement Agreement & Arbitration Agreement, the sufficiency of which is hereby acknowledged, hereby forever remises, releases and forever discharges ______________ ("the Claimant") and Claimant's heirs, attorneys (including their law firms, agents, servants, or employees), executors, predecessors, parents, successors, agents, servants, employees, and assigns of and from any and all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages, judgments, executions, orders, and any and all claims, demands and liabilities whatsoever of every name and nature, whether in LAW, in EQUITY, or otherwise which the Releasor ever had, now has, or which Releasor or Releasor's successors hereinafter can, shall or may have by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of this Release, and whether such claims are now known or unknown, arising from or relating to an alleged act or acts of sexual abuse with respect to Claimant or members or Claimant's family, or arising from or related to claims asserted by Claimant against Releasor, including without limiting the generality of the foregoing, any and all claims made or that might have been made in any pending claim or suit.

This Release is not to be construed as an admission of liability upon the part of Releasor, but rather as a good faith settlement of a disputed claim.

IN WITNESS WHEREOF, the Releasor has set (his/her/its) hand and seal to this Release as of the date written below.


Date: ___________________

________________________
Insert Printed Name (if an institution,
type name of institution and name of
duly authorized representative):

________________________


Witnessed by:

________________________




 
 

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