_ (. = =-::- "-SETTLEMENT AGREEMENT ft. Ths Settlement Agreement ("Agreement") s entered fnt_ehhs /_ day of February, 199_y end between the Roman Catholc Archbshop of Boston, a Corporaton Sole (the :ese"), Father Paul shanley ("Ft. Shanley") and (collectvely the "Partes"). WHEREAS, certan allegatons were made and clams were sserted by, the conduct of Fr. Shanley _hle Fr. Shanley was a prest wthn the Archdocese of Boston; _nd fll WHEREAS, _'clalms" he has suffered 'substantal damages n the form of pan and sufferng, emotonal f. _stress and other forms of personal njury n connecton wth _he conduct of Fr. Shanley; and, WHEREAS, as nformed the Archdocese and 'Fr. Shanley that unless ths matter s resoved forthwth, he ntends to fle mmedate sut whch wll contan causes of _cton aganst each of them; and WHEREAS, the Partes desre to resolve any dsputes nd/or actons arsng out of the subject matter of those allegatons. NOW THEREFORE, n consderaton of the mutual agreements and commtments set forth heren, the Partes enter llnto ths Agreement and agree as follows: L RCAB 00183 t
J.,, : ; l, l '.... r_... :. _ Ths Agreement represents a desre of the Partes to. settle all clams relatng to or arsng out : [allegatons, ncludng hs allegaton of damages receved on account of personal njury, wthout the necessty and expense of ltgaton. t does not consttute an admsson by the _;/Lrchdocese or Fr. Shanley of any lablty to " ; 2. The Archdocese agrees to pay a settlement n the amount of $45,000 to resolve all clams relatng to or arsng l.t out of allegatons. 3. All payments made under ths agreement wll be n :the form of checks p_able to "Eckert, Seamans, Chern & Mellott l - as Attorneys The payment of $45,000 wll be tendered contemporaneously wth the executon and delvery of. "_ths Settlement Agreement. ; 4. The Archdocese agrees that t wll not place Fr. :Shanley. n an assgnment whch wll gve hm unsupervsed access : to chldren under the age of eghteen (18) years old. The _rchdocese agrees that future parochal assgnments concernng. [_Fr. Shanley wll not nclude any parsh assgnments. 5. Fr. Shanley agrees that he wll not through '.employment or socally seek unsupervsed substantal contacts :wth mnors under the age of eghteen (18). Unsupervsed, substantal contacts shall mean contact alone wth mnors whch. s not merely perfunctory. Ft. Shanley agrees to seek _counsellng from a psychologst or psychatrst and wll reman [_n counsellng untl sad traned clncan determnes that the RCAB 00184
._.."........,,,... " counsellng has reached afnal dsposton. - : _ -..... 6. As an nducement to--to enter nto llths Settlement Agreement, Fr. Shanley represents and warrants " that he has nsuffcent assets to contrbute meanngfully to l 'settlement of ths matter and contemporaneously wth the sgnng of ths Agreement wll submt a fnancal statement to counsel " " for whch wll nclude at a mnmum, Copes of hs l Federal Tax Returns for 1993-95. ' :1 l 7. anyone clamng by, through or _nder. hm hereby fully, forever, rrevocably and uncondtonally - ; eleases, remlses and dscharges the Archdocese, ts agents, -.lservants, offcers and employees, all subsdares or j, _nsttutons related to the Archdocese, ther agents, servants,. _employees, offcers, drectors and trustees and all prests ncardnated to the.roman Catholc Archdocese of Boston : ncludng, but not lmted to, Fr. Shanley, from and wth respect to any and all manner of clams, charges, complants, _emands, actons, causes of actons, suts, rghts, debts, dues, ssums of money, costs, losses, accounts, reckonngs, covenants, _ontracts controverses, agreements promses leases, dongs,,,, 'omssons damages executons, oblgatons, labltes, and expenses (ncludng attorneys' fees and costs), of every knd and nature whatsoever, whether known or unknown, whch he ever had, now has, or can, shall, or may have n the future, by reason of, on account of or arsng out of any matter or thng-, whch has happened, developed, or occurred before the sgnng of ; RCAB 00185
,. u:-c_o_... -ths Agreement arsng out of, based upon, connected to or... related to assocaton wth the Archdocese and ;Fr. Shanley, ncludng but not lmted to, any clams_ : L _ may have n tort for personal njury, ncludng, but n.'no way lmted to ntentonal and neglgent nflcton of :emotonal dstress, assault and battery, neglgence and all,other clams and/or causes of acton. '; 8 " The Archdocese, Fr Shanley and anyone clamng l,:by, through or under them, hereby fully, uncondtonally, and rrevocably releases hs hers, executors, l- :admnstrators, next of kn, assgns and any other person or : _entty deemng an nterest through hm, from any clams, charges, complants, demands, actons., causes of actons, suts, :rghts, debts, dues, sums of money, costs, losses, accounts, 'reckonngs, covenants, contracts, controverses, agreements, "promses, leases, dongs, omssons, damages, executons_ ". -. Oblgatons, labltes, and expenses (ncludng attorneys' ;fees and costs), of every, knd and nature whatsoever, whether.known or unknown, suspected or unsuspected, whch they now have, ;:ever had, or may have n the future, regardng any-_clams _elatng to, arsng from or connected wth the aforementoned _llegatons and the resoluton of those allegatons. ' 9. _resents and warrants thathe has lot dsclosed the events gvng rse to ths clam, ths 3ettlement or any-dscussons relatng thereto to any thrd?arty wth the excepton of hs attorney(s), fnancal and tax RCAB 00186
4, : _. --._'. -_:_ advlsors,-ncludng accountants or tax authorty, hs medcal - _octor, hs therapst, hs famly, spouse or fance, all of whom _have agreed, at' the request of mantan the, confdentalty of the samez snce.. January 23, 1996. further represents and warrants thathe has not _sclosed the events gvng rse to ths clam or settlement or,. any dscussons relatng thereto to any meda outlet._. tees not to dsclose the events gvng rse to ths " ths settlement and any dscussons relatng thereto to lany thrd party, except as herenafter provded. The t Archdocese and Fr. _Shanley agree not to dsclose to any thrd 0 party any nformaton concernng except as ; :herenafter provded' Notwthstandng the foregong,_ consult wth or dsclose to hs attorney(s), _fnancal and tax advsors, ncludng accountants or any tax authorty, hs medcal doctor, hs therapst, hs famly, spouse or fance, and representatves of the Archdocese, wth respect" to ths clam or settlement or any dscussons relatng thereto. Pror to makng any such dsclosure to any of the above named persons, nform sad person of the confdentalty requrements of ths Agreement and shall obtan from them ther agreement to honpr such confdentalty. ' n the case of the-archdocese, t may consult wth { any ndvdual reasonably requred to mplement ths Agreement, ts audtors, attorneys and nsurance carrers wth respect to : _hs clam or settlement or any dscussons relatng thereto. RCAB 00187
2. L : Pror to makng any such dsclosure to any of the above named :persons, the Archdocese shall nform sad person of the _onfdentalty requrements_/of ths Agreement and shall obtan '.:from them ther agreement to honor such confdentalty. Fr. J_ Shanley may consult wth hs physcans, attorneys, therapsts _nd sprtual advsors under the prvlege of confdentalty _ttached to these relatonshps. n addton, any party may make such dsclosure whch s requred by law. Any party B, " requlred to make such a dsclosure requred by law shall notfy all partes to ths agreement pror to such dsclosure. 0. The foregong provsons relatng to honfdentalty shall be modf_as set forth heren n the -_vent the followng occurs: Ft. Shanley has unsupe_ysed... _ontacts wth mnors as defned n Paragraph 5. n such event,... hs counsel shall notfy counsel for the ;Archdocese and Fr. Shanley wthn seven (7) days to allow them to nvestgate and resolve any alleged volatons of ths provson. f such allegatons have not been resolved to the ' _atsfacton Lthn thrty (30) days of the recept of notce by Counsel for the Archdocese and Fr. l l_hanley, be free to dsclose the events gvng _se to ths case to the mnor, the mnor's mmedate famly, law enforcement agences or any other approprate government agency, solely dentfyng Ft. Shanley and no other partes to _hs Release, nor the locaton of the alleged abuse, ether 6 _enerally or specfcally. ' RCAB 00188
-... w... o ], 11 *1... _.... No-representaton has been made by any party to :the other as encouragement or nducement for the executon of f the " Agreement, other than that whch s expressly set forth n _" the Agreement. The Partes warrant and represent that they have. been represented by competent counsel, that they have entered _nto the Agreement _oluntarly, and that'they have consulted, wth counsel n connecton wth the.negotaton and executon of tl t.the Agreement. 12. Ths Agreement shall be bndng upon the.,partes' and may not be released, dscharged, abandoned, 1 :supplemented, amended, changed, or modfed n any manner, lorally or otherwse, except by an nstrument n wrtng of lconcurrent or subsequent date, sgned by a duly-authorzed... lrepresenta_ve of each of the Partes hereto. " :- 13. The terms of ths Agreement are contractual n nature and not a mere rectal_ and t shall take effect as a.sealed document. Ths Agreement shallbeg0verned by and construed n accordance wth the laws of the Commonwealth of _assachusetts. Ths Agreement may be executed n two or more 'counterparts, ea_ of whchshall be deemed an orgnal, but all t 'of whch together shall consttute one and the same nstrument, 'and n ple_dfng or'_ovng any provson of ths Agreement t shall not be-neceffsary to produce more than one such $ounterpart. 14. Should any provson of ths Agreement be _:declared or be determned by any court of competent jursdcton l, RCAB 00189
...._to be llegal or nvald, the Valfd y of the remanng parts, terms or provsons shall not be affected thereby and sad llegal or nvald part, term or provsons shall be deemed not, _o be a part of ths Agreement. 15. Waver o_ any provson of ths Agreement, n _hole or n part, n any one nstance shall not consttute a waver of any provson n the same nstance, nor any waver of the same provson n another nstance, but each provson shall contnue n full force and effect wth respect to any other then-exstng or subsequent breach. 16. Ths Agreement contans and consttutes the 'entre understandng and agreement between the Partes hereto respectng ther settlement and supersedes and cancels all prevous negotatons,.agreements, commtments and wrtngs n " zonnecton herewth. 17. Any wrtten notce requred pursuant to ths. agreement shall be sent va certfed mal, return recept -, frequented, to the followng: a. n the case of to: t Roderck MacLe'sh_-Jr., Esqure Eckert Seamans Chern & Mellott l One nternatonal Place, Boston, MA 02110 l b.- n-the case of the Archdocese, to: _ Wlson D. Rogers, Jr., Esqure Dunn & Rogers One Unon Street Boston, MA 02108 RCAB 00190
. c. n the case of Fr. Shanley, to: Tmothy P. O'Nell, Esqure Hanfy & Kng One Federal Street Boston, MA 02110-2007 N WTNESS WHEREOF, all partes have set ther hands and seals to ths Agreement as of the date wrtten above.... dually Wtnessed ROMAN CATHOLC ARCHBSHOP OF BOSTON, A CORPORATON SOLE By: Wtnessed. FR. PAUL SHANLEY _ Wtnessed RCAB 00191
. c. n the case of Fr. Shanley, to: Tmothy p. O'Nell, 'Esqure Hanfy & Kng One Federal Street Boston, MA 02110-2007 N WTNESS WHEREOF, all partes have set ther hands and seals to ths Agreement as of the date wrtten above. ndvdually Wtnessed ROMAN CATHOLC ARCHBSHOP OF BOST_/CO/RP_TON SOLE., Wtnessed b_: o,.. FR. PAUL SHANLEY Wtnessed RCAB 00192.
- f. -. " c. n the case of Fr. Shanley, to: Tmothy P. O'Nell, Esqure Hanfy & Kng One Federal Street Boston, MA 02110-2007 N WTNESS WHEREOF, all partes have set ther hands and seals to ths Agreement as of the date wrtten above. -ndvdually Wtnessed ROMAN CATHOLC ARCHBSHOP OF BOSTON, A CORPORATON SOLE By: Wtnessed / FR./PAOL SH_NL_... Wtnessed RCAB 00193