Exhibit 99.31
MUTUAL GENERAL RELEASE
This Mutual General Release (the "Release") is made this ____ day of March,
2001, by and between DraftWorldwide, Inc., a Delaware corporation ("Draft") and
▇▇▇▇▇▇.▇▇▇ Inc., a Delaware corporation ("Stamps") (each, a "Party," and
collectively, the "Parties").
RECTIALS
--------
A. Draft has instituted a civil action against Stamps in the Circuit
Court of ▇▇▇▇ County, Illinois, County Department, Chancery Division, styled
DraftWorldwide, Inc. v. ▇▇▇▇▇▇.▇▇▇, Inc., Case ▇▇. ▇▇ ▇▇ ▇▇▇▇▇ (the "Court
-----------------------------------------
Case").
B. As part of the Court Case, Stamps has counterclaimed against
Draft.
C. While neither Party admits any liability or wrongdoing and
nothing herein shall be construed to indicate that either Party, or any
employee, officer, or agent of either Party, has committed any wrongdoing, or is
indebted to the other Party, the Parties desire to settle the Court Case and to
release one another from further obligations with respect to the Court Case and
all other matters.
TERMS AND CONDITIONS
--------------------
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby mutually acknowledged, the
Parties hereby agree as follows:
1. Release. Except as otherwise agreed herein, each Party and its
-------
officers, directors, agents, insurers, representatives, employees, attorneys,
assigns, subsidiaries, affiliates, parent companies, shareholders, predecessors
and successors in interest, and the officers, directors, agents,
representatives, employees, attorneys, assigns, subsidiaries, affiliates, parent
companies, and successors in interest of any of their shareholders, and their
heirs, legal representatives, assigns, predecessors, and successors in interest
(collectively "the Releasing Parties"), hereby releases and forever discharges
the other Party and its officers, directors, agents, insurers, representatives,
employees, attorneys, assigns, subsidiaries, affiliates, parent companies,
shareholders, predecessors and successors in interest, and the officers,
directors, agents, representatives, employees, attorneys, assigns, subsidiaries,
affiliates, parent companies, and successors in interest of any of their
shareholders, and their heirs, legal representatives, assigns, predecessors and
successors in interest (collectively "the Released Parties"), of and from any
claim of any nature whatsoever, whether accrued or not accrued, and whether
known or unknown, which the Releasing Parties now have, or ever had, or
hereafter may have against any of the Released Parties including, without
limitation, any and all claims, expenses, losses, damages, costs, demands or
causes of action of any kind asserted in, arising out of or in any way related
to the Court Case. Excepted and specifically excluded from the foregoing release
is Stamps' payment obligation as set forth in Section 3 of this Release.
2. Upon the signing of this Release, the Parties agree to dismiss
the Court Case with prejudice, each Party to bear its own costs and attorneys'
fees incurred with respect to the Court Case. The Parties further represent and
warrant that there presently exists no filed claim or
litigation by any party against any other party in any court, or other pending
proceeding for arbitration, mediation or otherwise arising from or concerning
the matters released by this Release.
3. Contemporaneously with the signing of this Release, Stamps will
deliver to Draft the sum of $******** by certified check.
4. This Release shall be binding upon and inure to the benefit of
the Parties and their respective predecessors, successors, transferees and
assigns.
▇▇▇▇▇▇.▇▇▇ Inc. DraftWorldwide, Inc.
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ By: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
------------------------- --------------------------
Title: CEO Title: President / C.O.O
--------------------- -----------------------
Date: 3-2-01 Date: 3/7/01
----------------------- ------------------------
----------
[*] Confidential information has been omitted and separately filed with the
Securities and Exchange Commission. Confidential treatment has been
requested with respect to the omitted portions.
2
IN THE CIRCUIT COURT OF ▇▇▇▇ COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
DRAFTWORLDWIDE, INC., )
a Delaware corporation, )
)
Plaintiff, )
)
vs. ) ▇▇. ▇▇ ▇▇ ▇▇▇▇▇
)
▇▇▇▇▇▇.▇▇▇, INC., )
a Delaware corporation, )
)
Defendant. )
MOTION TO PRESENT STIPULATION OF DISMISSAL
------------------------------------------
DraftWorldwide, Inc., by its attorneys, ▇▇▇▇▇ & Lardner, moves this
Court to enter the joint dismissal attached to this Motion as Exhibit A.
Respectfully submitted,
DRAFTWORLDWIDE, INC.
By:_________________________
One of its Attorneys
▇▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇▇ & ▇▇▇▇▇▇▇
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
(▇▇▇) ▇▇▇-▇▇▇▇
Firm # 17190
-1-
IN THE CIRCUIT COURT OF ▇▇▇▇ COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
DRAFTWORLDWIDE, INC., )
a Delaware corporation, )
)
Plaintiff, )
)
vs. ) ▇▇. ▇▇ ▇▇ ▇▇▇▇▇
)
▇▇▇▇▇▇.▇▇▇, INC., )
a Delaware corporation, )
)
Defendant. )
JOINT STIPULATION OF DISMISSAL
------------------------------
IT IS HEREBY agreed and stipulated by and between the parties to the
above cause, acting though their respective attorneys, that this case be
dismissed with prejudice, with all parties to bear their own respective
attorneys fees and costs, all matters in controversy having been settled and
compromised.
Dated: March _____, 2001
Respectfully submitted, Respectfully submitted,
DRAFTWORLDWIDE, INC., ▇▇▇▇▇▇.▇▇▇, INC.
By:_______________________ By: /s/ ▇▇▇▇▇ McNeilstein
One of Its Attorneys --------------------------
One of Its Attorneys
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇ & ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, WILL & ▇▇▇▇▇
One IBM Plaza ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇-▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇
(▇▇▇) ▇▇▇-▇▇▇▇ Firm # ▇▇▇▇▇
▇▇▇▇ # ▇▇▇▇▇
-▇-
▇▇ THE CIRCUIT COURT OF ▇▇▇▇ COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
DRAFTWORLDWIDE, INC., )
a Delaware corporation, )
)
Plaintiff, )
)
vs. ) ▇▇. ▇▇ ▇▇ ▇▇▇▇▇
)
▇▇▇▇▇▇.▇▇▇, INC., )
a Delaware corporation, )
)
Defendant. )
ORDER
-----
This Cause coming on for a hearing, both parties having stipulated
that dismissal of the cause is appropriate, and the Court having been fully
advised of the premises,
IT IS HEREBY ORDERED that the above cause of action is hereby
dismissed with prejudice, both parties to bear their own respective attorneys
fees and costs.
________________________________
Judge ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
▇▇▇▇▇ & ▇▇▇▇▇▇▇
One IBM Plaza
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇
(▇▇▇) ▇▇▇-▇▇▇▇
Firm # 17190
▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇▇▇, WILL & ▇▇▇▇▇
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
(▇▇▇) ▇▇▇-▇▇▇▇
Firm # 90539
-3-