Rishi Nair, a Chicago lawyer, previously known under the alias "Bob Breck".
And JUST NOW, the CIA has decided to mess with my formatting, so I'll fill some space with images to push the text, here, down down below the text to the right (nothing is wrapping properly when pasted in from email).
Click to enlarge -- can be seen IN FULL, here: https://home.wellsfargoadvisors.com/jamie.sutherland
8:28 PM (32 minutes ago)
THAT DRAFT AGREEMENT:
This Settlement Agreement (“Agreement”) between JAMIE SUTHERLAND (“Sutherland”) and SCOTT KENAN (“Kenan”) is effective as of the last day stated on the signature page of this Agreement (the “Effective Date”). Sutherland and Kenan are sometimes collectively referred to in this Agreement as “the Parties” or individually as a “Party.”
A. Sutherland has a Judgment against Kenan in the civil action No. 2012-L-005377.
B. The aforementioned civil action concerned defamatory statements by Kenan against Sutherland.
C. Sutherland has agreed to cease enforcing the aforementioned Judgment against Kenan in exchange for Kenan’s agreement to cease/remove all mention of Sutherland or his attorneys, Daliah Saper, Saper Law, Nair Law LLC, or Rishi Nair.
D. The Parties agree to further terms as specified below.
In consideration of the recitals, covenants, and conditions contained in this Agreement, and for valuable consideration, the Parties agree as follows:
A. Incorporation of Recitals. The Recitals stated above are incorporated by reference and are part of this Agreement.
B. Removal of Internet Postings. Kenan will take all reasonable steps in good faith to cause the removal of any internet posting related to Sutherland or his attorneys, within two (2) weeks from the Effective Date of this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall require Kenan to incur any out-of-pocket expense relating to the removal of the internet posting.
C. Test for Removal. The Parties agree that the test for successful removal is a Google search for the terms “Jamie Sutherland”, “Rishi Nair”, “Nair Law LLC”, “Daliah Saper”, “Saper Law”, “Chicago”, “Kenan” and/or other associated terms, do not bring up results that manifest in webpages with content controlled by Kenan. The presence of such searchable content through Google.com represents a breach of this Agreement.
SHOCKING that I did not then realize that not only my mentioning "Chicago" in any blog post, Facebook posting, etc., would be a BREACH OF THIS CONTRACT -- but even mentioning MY OWN LAST NAME (which is automatically posted on the Internet EVERYWHERE, because I have NOTHING TO HIDE, would ALSO be a breach of this contract -- in fact it TOTALLY keeps me OFF the Internet, or I am automatically in BREACH OF CONTRACT -- LOL!!!
D. Non-Disparagement. Kenan agrees not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage, slander, or in any way criticize the personal or business reputation, practices, or conduct of Sutherland, Daliah Saper, Saper Law, Rishi Nair, Nair Law LLC, or their employees, directors, and officers. Kenan acknowledges and agrees that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to the news media, social media websites such as Facebook or Twitter, investors, potential investors, any board directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and
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present), and clients. The Parties agree that nothing herein shall prohibit Kenan from making any statements concerning any other parties or matters.
E. Contact Amazon.com regarding book. Sutherland agrees that he will contact Amazon.com and update them about this Settlement Agreement with regards to Kenan’s book and inform them that he no longer wishes to enforce the Judgment against Kenan so long as Kenan complies with this Agreement.
F. Non-Enforcement of Judgment. The Parties agree that the test for non- enforcement of Judgment will be the lack of collection, enforcement, bank account freezes, or the plethora of other remedies available to Judgment-Creditors under the laws of Illinois and the United States. If any document is filed, it will be considered a breach of this Agreement.
III. GENERAL PROVISIONS
A. Advice of Counsel. The Parties represent that they have had the opportunity to consult with an attorney of their choosing, have investigated the facts, and are not relying upon any representation or acknowledgment, whether oral or in writing, of any other Party hereto except as contained herein. Further, the Parties expressly waive any right to rescind this Agreement except upon breach of either Party.
B. Meanings of Pronouns and Effects of Headings. As used in this Agreement, the masculine, feminine and/or neuter gender, in the singular or plural, shall be deemed to include the others whenever the text so requires. Captions and paragraph headings are inserted solely for convenience and shall not be deemed to restrict or limit the meaning of text.
C. Entire Agreement. Except as otherwise set forth herein, this Agreement embodies the entire agreement and understanding between the Parties and supersedes all prior agreements and understandings relating to the subject matter hereof. No course of prior dealing between the Parties, no usage of the trade, and no parol or extrinsic evidence of any nature shall be used or be relevant to supplement, explain, or modify any term used herein. Each Party represents and warrants that they are not relying on any other Party for tax or bankruptcy advice. This Agreement is a product of negotiation and preparation by and among each Party.
Therefore, the Parties acknowledge and agree that this Agreement should not be deemed prepared or drafted by one Party or the other and shall be construed accordingly.
D. Counterparts. The terms of this Agreement are contractual and not merely recital. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original. Facsimile or E-mail copies of this Agreement and the signatures hereto may be used with the same force and effect as the original. This Agreement shall be deemed fully executed and effective when all Parties have executed at least one of the counterparts, even though no single counterpart bears all such signatures.
E. Modification in Writing Only. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated, except by a subsequently executed instrument in writing signed by the Party against whom enforcement of the change, waiver, discharge or termination is sought.
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F. No Waiver. No failure to exercise and no delay in exercising any right, power, or remedy hereunder shall impair any right, power or remedy which any Party may have, nor shall any such delay be construed to be a waiver of any such right, power, or remedy, or any acquiescence in any breach or default hereunder; nor shall any waiver of any breach or default of any Party hereunder be deemed a waiver of any default or breach subsequently occurring. All rights and remedies granted to any Party hereunder shall remain in full force and effect notwithstanding any single or partial exercise of, or any discontinuance of, any action begun to enforce any such right or remedy. The rights and remedies specified herein are cumulative and not exclusive of each other or of any rights or remedies which any Party would otherwise have. Any waiver, permit, consent or approval by any Party of any breach or default hereunder must be in writing and shall be effective only to the extent set forth in such writing signed by the Party to be charged and only as to that specific instance.
G. Non-exclusive Remedies. In the event of a breach of any provision of this Agreement, the Parties, in addition to and not in lieu of the remedies expressly provided in this Agreement, shall be entitled to exercise such remedies that exist at law or equity to enforce this Agreement, including but not limited to seeking specific performance.
H. Confidentiality. No Party, or any representative of any Party, shall, without the prior, written consent of the other Party (1) provide a copy of this Agreement or any portion of this Agreement to any person/entity not a party to this Agreement; (2) disclose to any person/entity not a party to this Agreement any or all parts of the terms of this Agreement; (3) disclose to any person/entity not a party to this Agreement any of the prospective parts of this Agreement or terms of settlement which were discussed in negotiations prior to the execution of this Agreement.
1. Exceptions. Notwithstanding the foregoing, each Party may make the following disclosures: (a) disclosures mandated by legislative, judicial and/or administrative order, rule or regulation; (b) disclosures to amazon.com as part of compliance with this Agreement; (c) disclosures to any taxing authority for the purpose of submitting the respective party’s tax information to that tax authority; (d) disclosures required by governmental regulatory bodies with the legal right to review the books and records of a party; (e) any other disclosure which is mandated by applicable law, regulation, rule or order; (f) disclosures as needed in connection to divorce, probate, or bankruptcy court, or similar legal matters; (g) and as necessary to enforce this Agreement.
I. Attorneys’ Fees and Costs. Neither Party shall make any demand against the other Party for attorneys’ fees, costs and expenses incurred in negotiating or reviewing this Agreement. However, in any action to enforce this Agreement, reasonable attorneys’ fees and costs will be awarded to the prevailing party.
J. Construction and Severability. This Agreement shall be construed and interpreted to effectuate the intent of the Parties, which is to cease all enforcement efforts of the aforementioned Judgment in exchange for removal and discontinuation of blog postings or other statements pertaining to the aforementioned persons.
If any provision of this Agreement shall be determined to be invalid, void or illegal, such provision shall be construed and amended in a
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manner which would permit its enforcement but in no event shall such provision effect, impair or invalidate any other provision hereof. This Agreement shall be construed without regard to the identity of the person who drafted its various provisions; each and every provision of this Agreement shall be construed as though all of the Parties participated equally in the drafting of the same, and any rule of construction that a document is to be construed against the drafting Party shall not be applicable to this Agreement.
K. Contact Information. The Parties agree that they will update each other in writing about any address changes or other changes in contact information in order to keep each other abreast of compliance issues.
The Parties contact information at present is as follows:
Mr. Scott Kenan (Correct mailing address REDACTED)
Mr. Jamie Sutherland C/O Nair Law LLC 3735 N. Christiana Ave., Suite 1 Chicago, IL 60618-4401
L. Voluntary Agreement. This Agreement was freely and voluntarily entered into by the Parties who each had the opportunity to be represented and advised by counsel with respect to entering into this Agreement.
M. Governing Law. This Agreement shall be construed in accordance with and governed by the internal laws, other than choice of laws, of the State of Illinois, regardless of where executed or performed. If any provision of this Agreement shall be determined to be invalid, void or illegal, such provision shall be construed and amended in a manner which would permit its enforcement, but in no event shall such provision affect, impair or invalidate any other provision hereof.
N. Time Is Of The Essence. As to all obligations hereunder, time is of the essence.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the last date stated below.
By: Name: Scott D. Kenan Date:
Approved as to form:
Counsel for Scott D. Kenan
By: Name: Jamie Sutherland Date:
Approved as to form:
Counsel for Sutherland
>>> AND MY REPLY:
May 20 (1 day ago)