peter schroch demand agreement for $4000

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  • 8/13/2019 Peter Schroch Demand Agreement for $4000

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    R E L E S E O F C L I M S N DS ET T LE M E N T G R E E M E N T

    Michael Pinson (hereinafter referred to as the Releasor ) agrees to pay PeterSchorsch (hereinafter referred to as the Releassee ) the sum of Four Thousand Two-Hundred Dollars ( 4,200), at Releasee's request, for and in consideration of the mutualobligations specified in this Release ofClaims, (hereinafter referred to as the Release ).Upon full performance of the obligations set forth in this Release, Releasor, for himselfand his respective heirs, executors, administrators and assigns, does hereby completelyand fully release and discharge Releasee of and from any obligation, liability orresponsibility arising out of any claim and/or action arising from any publication, blog,internet posting, article, or statement of any kind Releasee has made about, concerning,or describing Releasor that was made prior to the date that the Releasor signs and datesth is Release.

    It is understood and agreed that this Release is in full compromise of a disputedclaim, and that neither this Release, nor the performance of the obligations specified inthis Release, shall be construed as an admission of liability by either party to the Release.I M U T U L O B L I G T I O N S

    Each party to this Release, in consideration of inducing the other party to enterinto this Release, agrees to perform the obligations specified herein. O B L I G T I O N S O F T H E R E L E S O R

    a. Within ten days ofReleasee signing this Release, Releasor will place into the/ trust account of Releasee's attorney, the sum of Three Thousand Two-Hundred Dollars ( 3,200.00). It is agreed that said funds will only be paid toReleasee under the conditions set forth in this Release. Releasee hereby agreesand directs Releasee's attorney, or any other attorney or law firm holding saidfunds in trust to not release s ai d t ru st funds to Releasee until s uch time asReleasor provides to Releasee 's attorney, or any other attorney or law firmholding said funds in trust, a written acknowledgement that Releasee hascomplied with his obligations set forth in this Release. Said writtenacknowledgement shall not be withheld in bad faith.

    b. If, on or before September 1, 2012, no statement and/or opinion that Releaseehas ever published referencing in any manner Releasor, PinsonCommunications, and/or any other business or charity with which Releasor isassociated (including but not limited to The Pinson Foundation , JohnMichael Pinson Americans for Freedom Pinson or Michael PinsonTampa appears within the first thirty (30) search results for said search termsor appears as an active link on the following search engines: Google; Yahoo;Bing; Dogpile; Lycos; MSN; Ask; Michael Pinson, Releasor agrees to pay toReleasee an additional 1,000.00, with said payment to be made on or beforeSeptember 10, 2012. Releasee will move in good faith to accomplish the

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    p ro vi sio ns set forth in Section 11 b ; however Releasor understands t ha t t hespecified search engines are not controlled by Releasee.

    III O B L I G T I O N S O F T H E R L S

    a. Within te n 10) days of Relea see signing this Relea se, R ele ase e a gr ee s toremove from, and will certify in writing, that all content concerning Releasor,Pinson Communications and/or T he Pinson Foundation has b e en d el et ed f ro mwww,saintpetersblog.com, www.tampabaybattleground.com. Releasee sYouTube.com channels Tb Bu zz .co m, or any o th er we bs it e or p ub li ca ti onwith which Releasee is associated. By his signature below Releasee doeshereby swear an d af fir m th at he pr esen tly does not, no r ever has had, anassociation of any kind with PushingRope.blogsspot.com andwww.yborcity.blogspot.com.

    b. Within ten 10) days of Releasee signing this Release, Releasee shall provideto Releasor a list of any and all web sites to which Releasee has contributedarticles for, owns, controls, manages, or has any interest in whatsoever. As toeach of the websites on the list provided pursuant to this provision of theRelease, Releasee shall remove, within ten 10) days of Releasee signing thisagreement, any all references to Releasor, The Pinson Foundation, PinsonCommunications, Inc., and any other business or charity with which Releasori s a s s oc i a te d .

    c. For three 3) years subsequent to the date Releasee signs this Release,Releasee shall not post on any internet sight or publish any manner, eitherdirectly, indirectly, or through a third party, any statements or opinionsrelating to or referencing in any ma nner Releasor, Th e Pinson Foundation,Pinson Communications, and any other business or charity with whichReleasor is associated. If Releasee is found to have violated this provision ofthe R ele as e, R el ea so r a gr ee s to n ev er m ak e an y reference or comment about,to any past events or articles from others that were published about theReleasee prior the date of the Agreement. If Releasee violates this provisionof the Release, Releasee shall be liable to Releasor any attorney s fees or coststhat Releasor incurs in enforcing this provision, as well as any damagesR e le a s o r i n c u r s .

    d. Releasee, within ten 10) days of signing this Release, agrees to provide awritten, signed, and notarized a document transferring to Releasor any and allcopyrights to any written statements or opinions that Releasee has publishedin any manner concerning, about, or relating to, or referencing Releasor, TheP in so n Fo un da ti on , P in so n C om mu ni ca ti on s, a nd /o r any other b us in es s orcharity with which Releasor is associated.

    e. Releasee, within ten 10) days of signing this Release, agrees to remove fromeach website listed pursuant to Paragraph 111 b of this Release, any internet

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    l ink to any other website and/or blog containing statements and/or opinionsreferencing Releasor to include remove any and all web site links and searchengine promotions or optimizations relating to WTSP.com about theReleasor Pinson Communications Inc. the Pinson Foundation Inc. and orany other business or charity with which Releasor is associated.

    IV A T T O R N E Y S F E E S

    Each party hereto shall bear their own attorneys fees and costs incurred for anyreason prior to the date of this ReleaseV C O N F I D E N T I A L I TY O F S E T T L E M E N T

    The parties hereto are obligated to keep confidential the terms of this settlementas is set forth herein. It is specifically unders tood that no release of informationc on ce rni ng t hi s s et tl eme nt shal l be ma de to the n ew s me di a a nd that disclosure of theterms of settlement shall be restricted to those disclosures wh ic h are requ ired by lawand/or as may be necessary to enable the undersigned to facilitate appropriate taxreporting or in the conduct of business necessary to complete this settlement and/or as isresponsive to any investigations made by any State or Federal Governmental Agency orDepartment. If inquiry is made by any person about this release or the settlementagreement the parties agree that they will state only that they have resolved theirdifferences amicably and that no litigation is pending or complicated.VL T X ONSEQUEN ES OF SETTLEMENT

    No representations have been made by Releasor regarding the taxability of all orany portion of this settlement. Releasee stipulates that he has had the opportunity to seekindependent advice regarding the tax consequences of this settlement and accept

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    responsibility for satisfaction ofany tax obligation that may result from this settlement.VII J U RI SD I CT IO N N D C H O I C E OF L W

    This Release and claims arising out of or in connection therewith shall begoverned by and construed and enforced in accordance with the laws of the State ofFlorida and both the Releasee and Releasor consent to jurisdiction in the state courtssituated in Pinellas County

    C K N O W L E D G E M E N T

    I understand that I am swearing or affirming under oath to the truthfulness of thestatements of fact made in this Release and Settlement Agreement tha t the punishment forknowingly making a false statement includes fines and/or imprisonmentDated Kft \ \ ^S TA T E O F FLORIDAOU TY OF fUuSworn to or affirmed and signed before me on

    4KP SEANBAiLEY : k MY COMMISSION EE 155214^ >S S EXPIRES: February 7 2016 tiftW> Bonded Thru Notary PublicUrxtefwriters

    Personally known^ ^>Produced identification

    Type of identification produced _

    ^ j^^cWPETER SCHORSCH

    to j^ to~hv e er ScUofsilNOTARY PUBLIC DEPUTY CLERK

    C K N O W L E D G E M E N T

    I understand that I am swearing or affirming under oath to the truthfulness of th estatements of fact made in this Release and Sett lement Agreement that the punishment forknowingly making a false statement includes fines and/or imprisonment

    DatedSTATE OF FLORIDAPINELLAS COUNTY

    Personally knownProduced identification

    Type of identification produced _

    MICHAEL PINSON

    NOTARY PUBLIC DEPUTY CLERK

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