SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE OF ALL CLAIMSSettlement Agreement • November 15th, 2010 • Banks.com, Inc. • Services-computer programming, data processing, etc. • California
This Confidential Settlement Agreement and Mutual General Release of All Claims (hereinafter “Release”) is made and entered with an effective date of August 24, 2010 by and between BANKS.COM, INC. (“Plaintiff” or “Claimant” or “Banks.com”) on the one hand, and ANDREW KEERY (“Respondent” or “Keery”), DALE GIESSMAN (“Giessman”), and PROSTREAMMEDIA.COM (“ProStreamMedia”) (Giessman and ProStreamMedia are also individually and collectively referred to as, “Defendant(s)”) on the other, in accordance with the terms and conditions set forth below. Banks.com, Keery, Giessman, and ProStreamMedia will sometimes be referred to in their individual capacities as a “Party” or collectively as the “Parties.”
EXHIBIT A to CONFIDENTIAL SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE OF ALL CLAIMS CONFIDENTIAL ESCROW AGREEMENTConfidential Escrow Agreement • November 15th, 2010 • Banks.com, Inc. • Services-computer programming, data processing, etc. • California
This CONFIDENTIAL ESCROW AGREEMENT (the “Agreement”) has an effective date of August 18 2010, and is entered by and among Robert Hoult (“Hoult”), Banks.com, Inc. (“Banks.com”), and Deutsche Bank National Trust Company (“DBNTC” or “Escrow Agent”).
SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE OF ALL CLAIMSSettlement Agreement • November 15th, 2010 • Banks.com, Inc. • Services-computer programming, data processing, etc. • California
This Confidential Settlement Agreement and Mutual General Release of All Claims (hereinafter “Release”) is made and entered by and between BANKS.COM, INC. (“Plaintiff” or “Banks.com”), DANIEL O’DONNELL (“O’Donnell”), STEVEN ERNST (“Ernst”), FRANK J. MCPARTLAND (“McPartland”), LAWRENCE J. GIBSON (“Gibson”), CHARLES K. DARGAN II (“Dargan”) (Banks.com, O’Donnell, Ernst, McPartland, Gibson, and Dargan are also referred to collectively as the “Banks.com Parties”) on the one hand, and ROBERT HOULT (“Hoult”), and MOXIESEARCH.COM (“Moxiesearch.com”) (Hoult and Moxiesearch.com are also individually and collectively referred to as, “Defendant(s)”) on the other hand, in accordance with the terms and conditions set forth below. Banks.com, Banks.com Parties, O’Donnell, Ernst, McPartland, Gibson, Dargan, Hoult, and Moxisearch.com will sometimes be referred to in their individual capacities as a “Party” or collectively as the “Parties.” The effective date of this Release is August 18, 2010.
