Talking to haters about Michael Jackson’s CONFIDENTIAL SETTLEMENT (text)

This post is about the SETTLEMENT AGREEMENT between Michael Jackson and the Chandlers and MJ haters’ opinion about it.

The haters say: “Jordan didn’t testify, because he was being paid in the millions for his silence. These sleazy deals are structured by lawyers for wealthy defendants like Jacko. The victim is not paid in lump sum, but rather over a long period of time to ensure their silence, or they lose their payoff money”.

To verify the above we need to check up the text of the Agreement. I’ve found a redacted version of it in the Smoking gun archives which provide 22 pages out of this 31-page document. The archives refer to Diane Dimond as their source of information (naturally) who in her turn obtained it from an unnamed source (?)

The Smoking gun says: “The January 1994 agreement contains a one-line reference to Jackson delivering “confessions of judgment” totaling $15,331,250 to the boy’s attorneys. However, since the entire eight-page section of the agreement titled “Settlement Payment” is not included in the document, it is unclear how the eight-figure payout was distributed to the boy or what his parents were paid.  A reference to the establishment of a “qualified funding asset” would indicate that an annuity (likely tax free) was a central part of the settlement”.

Well, now it is more or less common knowledge that Evan and June Chandler obtained 1.5 million each (during the 2005 trial June Chandler said it was Jordan’s idea for the parents to collect their own separate monies). Their attorney Larry Feldmangot 3 million plus 10% of the settlement which would bring his earnings to 5 million dollars. The remaining part of the $15 mln. sum was kept in trust for Jordan Chandler and the last part of it was paid to him in 1999.

Let us check up the main clauses of the Agreement (the full text is provided below). Please correct me if I am wrong:

1) The sum WAS to be paid in parts as the wording of several clauses refers to a certain schedule of payment:

“Any failure by Jackson to make any of the payments provided in paragraph 3  when due shall be deemed a Material Breach of this Confidential Settlement”.

2) Under NO circumstances could Michael’s side refuse to make payments (which makes the previous point unimportant).  Even if the Chandlers broke the agreement no sums could be withheld as Michael’s payment obligations were ABSOLUTE:

“Jackson’s obligation to make the Settlement Payment as provided in this paragraph when due is absolute; notwithstanding any claimed or actual breach of the Confidential Settlement and notwithstanding any other claims that Jackson may assert or have against any party to this Confidential Settlement … Jackson shall not withhold any portion of the Settlement Payment.”

3) What is regarded as a breach of the agreement? Or vice versa, what is regarded as its complete fulfillment? In other words what was the money paid for?

The money was paid for the Chandlers being silent with the MEDIA , but not with LAW enforcement bodies.

More than a half (!) of the agreement dwells on the Chandlers’ obligation not to cooperate with the media or any publishing business. The criminal investigation went on for another 8 months after the settlement and the Chandlers had ample opportunity to give their testimony in court  – which they were perfectly allowed to do:

”The Minor, by and through his Guardian ad Litem, Evan Chandler and June Chandler, and each of them individually and on behalf of their respective agents… agree that they will not at any time in the future make any engagement, enter into any contract, agreement, commitment, understanding or other obligation, with any media including … ”

“The Minor, by and through his Guardian ad Litem, and Evan Chandler and June Chandler… agree not to cooperate with, represent, or provide any information, to any person or entity that initiates any civil claim or action which relates in any manner to the subject matter of the Action against Jackson except as may be required by law”.

4) What was the Chandlers’ course of action if they were subpoenaed to court?  Could anyone stop them from testifying?  No, the MOST Michael could do was just being notified about the subpoena:

“In the event the Minor, the Minor’s Legal Guardians, the Minor’s Guardian ad Litem, the Minor’s attorneys, Evan Chandler or June Chandler… receive any subpoena or request for information from any person or entity who has asserted, or is investigating, any claim against Jackson or the Jackson Releasees or the Action or the Claims, they agree to give notice in writing to Jackson’s attorneys regarding the nature and scope of any such subpoena request for information, to the extent permitted by law.”

“The Minor, by and through his Guardian ad Litem, and Evan Chandler and June Chandler, and each of them individually …  agree not to cooperate with, represent, or provide any information, to any person or entity that initiates any civil claim or action which relates in any manner to the subject matter of the Action against Jackson or any of the Jackson Releasees, except as may be required by law.”

The validity of these clauses was confirmed by June Chandler”s presence at the 2005 trial, when she did testify and did it 12 years after the 1993 allegations (due to Sneddon’s changes in the legislation which prolonged the period allowing such testimony). Tom Sneddon specifically asked June Chandler whether there were any restrictions to her under the Confidentiality Agreement and she said she checked it up with her lawyer and he said it was okay for her to talk to the prosecutors:

Q. With regard to those conversations, the first conversation we had, do you recall the substance of that conversation?

A.  That I would be subpoenaed and for — testifying.

Q. And did I indicate to you that I wanted to talk to you, to do an interview with you?

A. That we would be speaking later on, yes.

Q. Okay. And did you — did you have to check with somebody to make sure that was okay because of the confidentiality agreement?

A. Yes.

Q. And who was that?

A. Larry Feldman.

Q. So is that one of the phone calls that you had with Mr. Feldman, was to make sure —

A. Yes.

Q. — to make sure it was okay for you to talk to me?

A. Correct.

5)  So the Chandlers  could testify and it was no breach of the agreement.  Spreading their allegations in the media was the ONLY way for them to break the agreement.  What was Michael’s or Chandler’s  course of action in case such an infringement took place?

“In the event any Party claim that any other Party has committed a Material Breach …the Parties will attempt to resolve the dispute informally. If the Parties are unable to resolve the dispute informally …then any party may submit the matter to arbitration before a three-judge panel of retired judges”.

6) Were there any sanctions? Was the family to return at least part of the money if the judges found the Chandlers had broken the agreement? Most probably YES, if Jackson chose to claim compensation for that:

“The Chandlers, and each of them, understand … that Jackson may contend in any such arbitration that he is entitled to recover as damages the Settlement Payment or part thereof paid in accordance with this Confidential Settlement”.

Is this the clause Michael’s haters are so unhappy with? But the whole point of the agreement was to stop the Chandlers  from further tongue-wagging and harassing him in the media ! If they breached this point it means they didn’t observe the Agreement at all– so why allow them keep the money?

If the Chandlers wanted to talk or have justice THEY COULD STILL TESTIFY IN COURT. Here they had two possibilities:

1)     They go to court and prove their point. The culprit goes to prison and they keep the money.

2)     They go to court and cannot prove their point. The falsely accused guy walks out free and they probably have to return the money (as there is actually nothing to pay for).

Was this second variant the one that Evan Chandler was afraid of ? Which is why he and Jordan never testified in court? And Jordan even left the country for the duration of the trial to avoid being called? And changed his whereabouts three times according to his uncle? All of this because he knew his lies would be ripped into shreds if scrutinized in court?

The FBI files say that Ronald Zonen from Santa Barbara together with a FBI guy went to New York to interview Jordan Chandler – and he said he didn’t want to testify, he “had done his part” and would take legal action if they forced him to do it.  He was going to SUE them for urging him to speak up in court!

So what would be the answer to those Michael’s haters who claim that Michael ensured the Chandlers’ silence by making the agreement?  Paradoxically it will be Yes and No:

The Chandlers were NOT allowed to speak to the media, but were FULLY allowed to speak in court. One of Michael’s supporters put it this way: “Jordy had to stay quiet in terms of not giving interviews, but he could testify and still get all the money because the criminal case is separate and you can’t get in trouble for testifying. So his silence in court wasn’t bought, his silence in the media was”.

Considering the murderous amount of media harassment Michael had to go through, NO ONE can blame him for wanting some quiet – at last.  It is a normal desire of any normal human being, who found himself in the abnormal circumstances and had to deal with abnormal people.

As to the Chandlers being afraid that the money wouldn’t be paid in full if they talked in public, a special clause of the agreement took care of such a danger – the obligation to pay the agreed sum was ABSOLUTE and didn’t depend on the alleged or even REAL breach of the agreement. And it is clear why – what seems to be a real breach to one party may look fictional to the other and it is only the panel of arbitration judges who can decide what’s what.  So the money should still come in whatever claims of the dissatisfied party are…

Off the agreement went to the insurance company (which is no party to the agreement as is usual in these cases ) and off the news of it went to media outlets.  If Michael hoped to close that awful page of his life and scramble it back together now, his hopes were never to come true .  Despite the fact that the next day after the settlement the Reuters and USA today reported that Jordan’s description had nothing to do with reality no one noticed this news or believed it. The media frenzy resumed with a new force…

JUST IN CASE SOMEONE FORGOT IT:  Michael Jackson vehemently denied that any wrongdoing had taken place, and the Agreement refers to it in several clauses:

“This Confidential Settlement shall not be construed as an admission by Jackson that he has acted wrongfully with respect to the Minor, Evan Chandler or June Chandler…

The parties recognize that the Settlement Payment are in settlement of claims by Jordan Chandler, Evan Chandler and June Chandler for alleged compensatory damages for alleged personal injuries arising out of claims of negligence and not for claims of intentional or wrongful acts of molestation.”

*   *   *

Below is the redacted text of the agreement the way it is provided by the Smoking Gun.

They provide 22 pages though the last page of the agreement is  numbered 31. This means that 9 pages concerning payment are missing:

CONFIDENTIAL AGREEMENT AND MUTUAL GENERAL RELEASE

CONFIDENTIAL AGREEMENT AND MUTUAL GENERAL RELEASE (“Confidential Settlement”} is made and entered into, as of January ….1994, by and between MICHAEL JOSEPH JACKSON (“Jackson”), on the one hand, and [Jordan Chandler], a minor child through his Guardian ad Litem [name of the judge] EVAN CHANDLER, and [blacked out] on the other hand, (at times referred to collectively herein as the “Parties”).

WITNESSETH:
WHEREAS, the Minor through his Guardians ad Litem in the Action has made claims against Jackson as alleged in the complaint in the action entitled J. Chandler, Plaintiff v. Michael Jackson, Defendant, Superior Court of the State of California for the County оf Los Angeles, Case No. SC 026226 (hereinafter the “Action”). Such claims include claims for bodily injuries resulting from negligence;

WHEREAS, Evan Chandler has made claims against Jackson bodily injuries resulting from negligent infliction of emotional distress;

WHEREAS, [blacked out] has made claims against Jackson for bodily injuries resulting from negligent infliction of emotional distress;

WHEREAS, this Confidential Settlement is being made and entered into pursuant to the Parties’ desire and intention to resolve the Action and the Claims and settle fully and finally all differences between them on a strictly confidential and private basis.

WHEREAS, the Parties intend to seek court approval of this Confidential Settlement insofar as it applies to the Minor as allowed and required by law with the intent and desire that this Confidential Settlement be completely binding and enforceable.

NOW, THEREFORE, in light of the foregoing recitals and in consideration of the mutual promises herein contained, it is agreed as follows:

1. Definitions

a. “Action” refers to the action entitled J. Chandler, Plaintiff v. Michael Jackson, Defendant, Superior Court of the State of California for the County of Los Angeles, Case Ho. SC 026226.
b. “Claims” refer to the claims of Evan Chandler and June Chandler as described in the recitals above and any and all other claims that could be asserted by them against Jackson or any of the Jackson Releasees as a result of any act or omission of Jackson or any of the Jackson Releases up through the date of this Confidential Settlement.
c. “Chandler Releasees” refer to the Minor, Evan Chandler, June Chandler, and each of their respective current and former agents, attorneys, representatives, employees, and investigators, and their respective heirs, spouses, administrators, executors, guardians, conservators, successors, assigns, and any companies or corporations owned or controlled by the Chandlers or any of them.
d. “Confidential Settlement” refers to this written agreement and each and all of the provisions hereof, collectively and separately.
e. “Guardian ad Litem” refers to [name of the judge].
f. “Jackson” refers to Michael Joseph Jackson, a party to this Confidential Settlement and a defendant in the Action.
g. “Jackson Releasees” refer to Jackson and Jackson’s current and former agents, attorneys, investigators, representatives, and employees, and his heirs, administrators, executors, conservators, successors, assigns and Related companies (and owners, subsidiaries, affiliates, agents, shareholders, directors, officers, employees, former employees, representatives, stockholders of such Related Companies) .
h. “Legal Guardians” refer to the parents of the Minor, Evan Chandler and June Chandler.
i.  “Minor” refers to Jordan Chandler, a minor child and a party to this Confidential Settlement and the plaintiff through his Guardians Ad Litem.
j. “Related Companies” refers to A Child’s Heart Foundation; A Child’s Heart Foundation Admin, Inc; ATV Music Limited; Breakaway Songs Limited; Comet Music; Desert Songs Limited; Encino Productions, Inc.; Experiment in Sound; Heal L.A.; Heal L.A. Foundation; Heal L.A. Foundation Administration, Inc.; Heal the World; Heal the World Foundation; Heal the World Foundation Administration, Inc.; Jackson-Strong Alliance, Inc; Lawrence Wright Music Co.; Lenmac Music; Michael Jackson, an individual; Michael Jackson d/h/a MIJAC Music; Michael Jackson d/b/a Miran International; Michael J. Jackson- d/b/a Neverland Valley Ranch; MJJ Artistic, Inc.; MJJ Productions, Inc.; MJJ Productions d/b/a Miran Publishing; MJJ Ventures, Inc.; Mystical Light Music; Nation Comics; Nation Productions, Inc.; Nation Records; Neverland Ranch; Neverland Zoo Foundation; Northern Songs Limited; Optimum Productions, Inc.; Rhymeglen Music; Smooth Pictures, Inc.; Triumph International (Las Vegas Museum) ; Triumph International, Inc.; TTC Touring Corp; Ultimate Productions; Welbeck Music, and any other corporations or foundations owned or controlled by Jackson.
к. “Settlement Payment” refers to the financial consideration to be paid pursuant to this Confidential Settlement by Jackson in accordance with the provisions of paragraph 3 hereinbelow.

2. This Confidential Settlement shall not be construed as an admission by Jackson that he has acted wrongfully with respect to the Minor, Evan Chandler or June Chandler, or any other person or at all, or that the Minor, Evan Chandler or June chandler have any rights whatsoever against Jackson. Jackson specifically disdains any liability to, and denies any wrongful acts against, the Minor, Evan Chandler or June Chandler or any other persons. The Parties acknowledge that Jackson is a public figure and that his name, image and likeness have commercial value and are an important element of his earning capacity. The Parties acknowledge that Jackson claims that ha has elected to settle the claims in the Action in view of the impact the Action has had and could have in the future on his earnings and potential income.

3. Settlement Payment.

a. …………….
b. ……………….
c. ……………….
d. ……………….
e. Upon court approval of this confidential Settlement, Jackson will execute and deliver to the Minor’s attorneys of record confessions of judgment, in forms to be approved by the attorneys of record for the Minor prior to execution of this Confidential Settlement, in the total amount of $15,331.250, to be held in trust by the Minor’s attorneys of record with no copies to be made or provided to any other person, In addition to any other legal or equitable remedies available for breach of this paragraph 3, the Minor’s attorneys of record are authorized to file, enter and execute upon such judgment only to the extent of any breach by Jackson of his payment obligations under this paragraph 3. To the extent any part of the amount set forth in the confession of judgment has been paid by Jackson prior to the filing of the confession of judgment, the judgment creditor under the confession of judgment shall file a satisfaction of judgment to the extent the debt has been paid. Any failure by Jackson to make any of the payments provided in paragraph 3 when due shall be deemed a Material Breach of this Confidential Settlement.

f. Jackson’s obligation to make the Settlement Payment as provided in this paragraph when due is absolute; notwithstanding any claimed or actual breach of the Confidential Settlement and notwithstanding any other claims that Jackson may assert or have against any party to this Confidential Settlement or their attorneys or respective agents, media representatives, partners, heirs, administrators, executors, conservators, successors, and assigns, or anyone else, Jackson shall not withhold any portion of the Settlement Payment.

g, The parties recognize that the Settlement Payment set forth in this paragraph 3 are in settlement of claims by Jordan Chandler, Evan Chandler and June Chandler for alleged compensatory damages for alleged personal injuries arising out of claims of negligence and not for claims of intentional or wrongful acts of molestation.

4. The Settlement Payment shall constitute full and complete satisfaction and settlement of any and all claims by the Minor, Evan chandler or June Chandler and each of them individually collectively, against Jackson or any of the Jackcson.

5. Dismissal of the Action.

The Action shall be dismissed, with prejudice, in accordance with the following schedule: .

a. Forthwith upon the signing of this Confidential Settlement by the Parties hereto, the Minor, through his Guardians ad Litem in the Action and attorneys, shall dismiss, without prejudice, the first through sixth causes of action of the complaint on file in the Action, leaving only the seventh cause of action pending.

b. Upon (I) the full and complete payment of all Settlement Payments provided in paragraph 3.a.(6)(a); (2) the full and complete payment of all Settlement Payments provided in paragraph 3.b. (1); the full and complete payment of all Settlement Payments provided in paragraph 3.c.(l); the full and complete payment of all Settlement Payments provided in paragraph 3.d..(1); and (4) the earlier of (i) the full and complete payment of all Settlement Payments provided in paragraph 3.а. (1)-(4) above or (ii) agreement by Jackson to Qualified Assignments, accompanied by receipt by each assignee from Jackson of the Qualified Funding Asset Premiums by the QFAP Funding Dates, the Minor, through his Guardian ad Litem, shall dismiss the entire action with prejudice.

6.  Release of Jackson and Jackson Releasees

The Minor, by and through his Guardian ad Litem, Evan Chandler and June Chandler, and each of them individually and on behalf of each of their agents, hairs, administrators, executors, conservators, successors, assigns and anyone else who could make claims against Jackson by, through or on behalf of any one of them, hereby irrevocably and unconditionally release, acquit and forever discharge the Jackson Releasees, including Jackson, and Jackson’s agents, attorneys, representatives, investigators (current and former), employees (current and former), heirs, administrators, executors, conservators, successors, assigns and Related Companies (and owners, subsidiaries, affiliates, agents, shareholders, directors, officers, employees, former employees, representatives, and stockholders of such Related Companies) , from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, injuries, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses of any nature or kind whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, which they or any one of them individually now have, own, hold, or claim to have, claim to own or claim to hold, or which they at any time heretofore had, owned, held or claimed to have, claimed to own, or claimed to hold, against Jackson or any of the Jackson Releasees, including, without limitation, all claims which were alleged or could have been alleged in the Action and the Claims; provided, however, that if any person released pursuant to this paragraph (other than Jackson) makes a claim against the Chandlers, or any of them, or against any of the other releasors in this paragraph, then the release set forth in this paragraph shall be null and void as to the person making the claim.

7. Release of Minor, Evan Chandler, June Chandler and Chandler Releasees

Jackson, individually, and on behalf of his agents, heirs, administrators, executors, conservators, successors, assigns and Related Companies hereby irrevocably and unconditionally releases, acquits and forever discharges the Chandler Releasees, including the Minor, Evan chandler, June Chandler, and each of their agents, attorneys, representatives, employees (current and former), investigators (current and former) , heirs, administrators, executors, guardians, conservators, successors, assigns, and any companies or corporations owned or controlled by the Chandlers or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, injuries, damages, actions, causes of action, stilts, rights, demands, costs, losses, debts and expenses of any nature or kind whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, which he now has, owns, holds, or claims to have, claims to own, or claims to hold, or which he at any time heretofore had, owned, held or claimed to have, claimed to own, or claimed to hold, against the Minor, Evan Chandler, June Chandler or any of the Chandler Releasees; provided, however, that if any person released pursuant to this paragraph (other than the Chandlers or any of them) makes a claim against Jackson or against any of the other releasors in this paragraph, then the release set forth in this paragraph shall be null and void as to the person making the claim.

8. The Parties expressly waive and relinquish any and all rights under California civil Code Section 1542, which provides as follows:

A general release does not extend to which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him must have materially affected his settlement with the debtor.

Accordingly, the releases herein shall remain in effect as a full and complete release of any and ill claims otherwise exempted by Civil Code Section 1542, notwithstanding the discovery of the existence of any additional claims or facts relating thereto.

9. The Minor, by and through his Guardian ad Litem, Evan Chandler and June Chandler, and each of them individually and on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, agree that they will not at any time in the future make any engagement, enter into any contract, agreement, commitment, understanding or other obligation, with any media, including, without limitation, any publishing, print, news, television, motion picture, cable, video, multimedia, software, recording, broadcast, radio or any other media, for purposes of or relating to the commercial exploitation by Jordan Chandler, Evan Chandler, June Chandler or the Minor’s attorneys of record in the Action of any story, documentary, docudrama, publication, magazine, tabloid, book, article, motion picture, television program or picture, “movie-of-the-week,” serial, miniseries, recording, record, audiotape, compact disc, videotape, program, television or other public or private appearance, interview or broadcast, related to Jackson in any capacity, any recreation or likeness of Jackson or his image, Jackson’s relationship with the Minor or Evan Chandler or June Chandler, the allegations made in the Action, any information revealed through discovery in the Action, or the Claims. In addition to any other legal or equitable remedy as may be available as a result of any breach of this paragraph, the Parties acknowledge that Jackson or his heirs, administrators, executors, conservators, successors and assigns, shall be entitled to recoup as recovery for unjust enrichment, or any other applicable cause of action, any sums as may be received by the breaching party as compensation for such commercial exploitation.

10. Jackson, individually, and on behalf of his agents, heirs, administrators, executors, conservators, successors, assigns and Related Companies hereby agrees that they will not at any time in the future make any engagement, enter into any contract, agreement, commitment, understanding or other obligation, with any media, including, without limitation, any publishing, print, news, television, motion picture, cable, video, multimedia, software, recording, broadcast, radio or any other media, for purposes of or relating to the commercial exploitation by Jackson or any Related Companies or his attorneys of record in the Action of any story, documentary, docudrama, publication, magazine, tabloid, book, article, motion picture, television program or picture, “movie-of-the-week,” serial, miniseries, recording, record, audiotape, compact disc, videotape, program, television or other public or private appearance, interview or broadcast, related to the Minor or Evan Chandler or June Chandler in any capacity, any recreation or likeness of the Minor or Evan Chandler or June Chandler or their image, Jackson’s relationship with the Minor or Evan chandler or June Chandler, the allegations made in the Action, any information revealed through discovery in the Action, or the Claims. In addition to any other legal or equitable remedy as may be available as a result of any breach of this paragraph, the Parties acknowledge that the Minor or Evan Chandler or June Chandler or their respective heirs, administrators, executors, conservators, successors and assigns, shall be entitled to recoup as recovery for unjust enrichment, or any other applicable cause of action, any sums as may be received by the breaching party as compensation for such commercial exploitation.

11. The Minor, by and through his Guardian ad Litem, Evan Chandler, June Chandler, the Minor’s attorneys of record in the Action and the Minor’s legal representatives, and each of them individually and on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, agree to keep the terms and conditions of this confidential Settlement strictly confidential. Each of the aforementioned individuals agrees that they will not at any time disclose any information concerning the contents of this Confidential Settlement to anyone, including, without limitation any investigator (current or former), expert or consultant hired in connection with the Action, representative of any media, family members and friends; provided, however, that the Parties may make disclosures as may be necessary or required by law to tax advisors, accountants, taxing authorities, insurers, or the consultant hired in connection with the Settlement Payment to the Minor as provided in paragraphs 3.а. (1}-(5) hereinabove.

b. The Minor, by and through his Guardian ad Litem, Evan Chandler and June Chandler, and each of them individually and on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, agree to make no further claims or statements in any public forum that accuse Jackson of any wrongful conduct whatsoever with regard to the Minor or any other person.

c. Jackson, Jackson’s attorneys, and Jackson’s legal representatives and agents, and each of them individually and on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, agree to keep the terms and conditions of this confidential Settlement strictly confidential. Each of the aforementioned individuals agrees that they will not at any time disclose any information concerning the contents of this Minor’s Agreement to anyone, including, without limitation any investigator (current or former) , expert or consultant, hired in connection with the Action, representative of any media, family members and friends; provided, however, that the Parties may make disclosures as may be necessary or required by law to tax advisors, accountants, taxing authorities, insurers, or the consultant hired in connection with the Settlement Payment to the ‘Minor as provided in paragraphs 3.a.(l)-(5) hereinabove.

d. Jackson, Jackson’s attorneys, and Jackson’s legal representatives and agents, and each of them individually and on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, agree to make no further claims or statements in any public forum that accuse the Minor, his attorneys of record in the Action, Evan Chandler or June Chandler, or any of them, of any wrongful conduct whatsoever with regard to the Jackson or any other person.

e. The Parties to this Confidential Settlement, and each of them individually and on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, shall not make any releases or voluntary statements to the press or media regarding this Confidential Settlement or the dismissal with prejudice of the Action, except as expressly agreed upon in writing by counsel for the Parties. Upon execution of this Confidential Settlement, the attorneys of record for the Parties shall make a joint statement as set forth in the attached Exhibit A hereto.

f. The Minor, by and through his Guardian ad Litem, and Evan Chandler and June Chandler, and each of them individually on behalf of their respective agents, attorneys, representatives, partners, heirs, administrators, executors, conservators, successors and assigns, agree not to cooperate with, represent, or provide any information, to any person or entity that initiates any civil claim or action which relates in any manner to the subject matter of the Action against Jackson or any of the Jackson Releasees, except as may be required by law.

g.   In the event the Minor, the Minor’s Legal Guardians, the Minor’s Guardian ad Litem, the Minor’s attorneys, Evan Chandler or June Chandler, or any of them individually or on behalf at their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, receive any subpoena or request for information from any person or entity who has asserted, or is investigating, any claim against Jackson or the Jackson Releasees or the Action or the Claims, they agree to give notice in writing to Jackson’s attorneys regarding the nature and scope of any such subpoena request for information, to the extent permitted by law. This notice shall be given before responding to the request in any manner other than objections or a refusal to respond and shall be given no later than five days following the receipt of the request.

h. The Parties, the Parties’ attorneys, and the Minor’s Guardian ad Litem, and each of them individually and on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, acknowledge and agree that the terms of this paragraph and all of its subparts are material and essential terms of this Confidential Settlement and a material inducement to Jackson to make the Confidential Settlement. Any breach of the provisions of this paragraph shall be deemed to be a Material Breach of this Confidential Settlement, and shall be subject to the arbitration provisions as set forth in paragraph i. hereinbelow,

i. In the event any Party claim that any other Party has committed a Material Breach, as defined in subparagraph h, hereinabove or any breach at subparagraphs 11 a., c., or e., hereinabove, the Party claiming that such a breach has occurred will notify the Party claimed to have committed such breach as well as all other Parties and attorneys of record in writing within five days of the alleged breach. The Parties will attempt to resolve the dispute informally. If the Parties are unable to resolve the dispute informally within five business days of receipt of the written notice, then any party, within five business days thereafter, may submit the matter to arbitration before a three-judge panel of retired judges, by written notice to all other parties. The parties shall, by mutual agreement, select the three judges to hear the dispute from the register of neutrals maintained by JAMS. The Chandlers, and each of them, understand, without agreeing to the merits of any such claim, without waiving any defenses thereto, and without conceding any appropriate remedy or measure of damage, that Jackson may contend in any such arbitration that he is entitled to recover as damages the Settlement Payment or part thereof paid in accordance with this Confidential Settlement.

j. The Parties acknowledge and agree that equitable relief, in addition to any other legally available remedy, shall be available to enjoin and restrain a breach of the obligations imposed by the provisions of this paragraph of the confidential Settlement.

12. The parties make the following representations and warranties to each other:

a. None of the Parties or their attorneys, individually and on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, have made any engagements, entered into any contract, agreement, commitment, understanding or other obligation, with any media, including, without limitation, any publishing, print, news, television, motion picture, cable, video, multimedia, software, recording, broadcast, radio or any other media, for purposes of or relating to any commercial exploitation by any of the parties of any publication, magazine, tabloid, book, article, motion picture, television program or picture, “movie-of-the-week, serial, miniseries, recording, record, audio tape, compact disc, videotape, program, television or other public or private appearance, interview, or broadcast related to Jackson or the Jackson Releasees in any capacity, any recreation or any likeness of Jackson or his image, the Minor, Evan Chandier or June Chandler in any capacity or recreation or any likeness, the Minor’s relationship with Jackson, the allegations made in the Action, any information revealed through discovery in the Action, or the Claims.

b. All of the Parties to this Confidential Settlement have thoroughly discussed all aspects of confidential Settlement with their attorneys or have had the opportunity to do so. They have read and fully understand all of the provisions of this Confidential Settlement and are entering into it voluntarily, of their own free will and without the undue influence of any person.

q. The Guardian ad Litem represents and warrants that he is authorized to enter into this Confidential Settlement on behalf of the Minor. Evan Chandler and June Chandler, as the Minor’s parents, represent and warrant that this Confidential Settlement is in the best interests of the Minor.

d. The Parties acknowledge that Jackson and Jackson’s attorneys have not been notified of any liens or claims against the Settlement Payment made by any person or entity. The Minor, through the Minor’s Guardian ad Litem and the Minor’s attorneys represent and warrant that there are no such liens or claims against the Settlement Payment that could give rise to any liability on the part of Jackson, and the Minor through the Minor’s Legal Guardians, agree to indemnify and hold Jackson harmless against any such claims as may be made against Jackson to the extent they arise in the future.

1. The attorneys of record for all the Parties represent and warrant that they will use their best efforts to safeguard, secure and protect the discovery obtained in the Action from disclosure.

13. This Confidential Settlement shall be submitted to a court of competent jurisdiction to be duly approved as may be required by applicable law. This Confidential Settlement is subject to and conditioned upon such approval and shall not be binding upon the Parties until such approval. The Parties agree that any petition for court approval as contemplated hereunder shall be filed with the court under seal and all proceedings therein shall be sealed and kept strictly confidential by the Parties and their respective agents, attorneys, representatives, partners, heirs, administrators, executors, conservators, successors and assigns.

14. It is the intent of the Parties that this Confidential Settlement be enforceable and binding to the fullest extent possible.

15. This Confidential Settlement is the result of protracted, arms-length negotiation between the Parties, and through their counsel, each of whom has participated in the process. This Confidential Settlement shall be deemed to be drafted by all of the Parties hereto, so that the principle that ambiguities should be unenforceable, the other parts shall remain fully valid and enforceable.PLEASE READ CAREFULLY. THIS CONFIDENTIAL SETTLEMENT INCLUDES A RELEASE FO ALL KNOWN AND UNKNOWN CLAIMS.

DATED: January 25, 1994

Signed by Jordan Chandler by his Guardian ad Litem [Evan Chandler]…….

Signed by Evan Chandler, individually and as the Legal Guardian of the Minor…

Signed by [June Chandler], individually and as the Legal Guardian of the Minor

Signed by Larry R.Feldman of FOGEL, FELDMAN, OSTROV, RINGLER & KLEVENS
Attorneys for the Minor

Signed by Michael Joseph Jackson

Signed by Johnnie L.Cochran, Jr. ofLAW OFFICES OF JOHNNIE L. COCHRAN, JR.
Attorneys for Michael Joseph Jackson

Signed by Howard L. Weizman of …
Attorneys for Michael Joseph Jackson

Source:  http://www.thesmokinggun.com/archive/0616041jacko1.html