Filing # 28456063 E-Filed 06/12/2015 09:28:30 PM EXHIBIT 18 to the PUBLISHER DEFENDANTS’ MOTION IN LIMINE ON EVIDENCE RELATING TO PLAINTIFF’S ADMISSION THAT HE BELIEVED THE SEX TAPE(S) SHOWED HIM MAKING STATEMENTS THAT HAVE BEEN MARKED AS CONFIDENTIAL CONFIDENTIAL SETTLEMENT AGREEMENT This SettlementAgreementis between Terry Bollea ("Terry") and Bubba Clem ("Bubba") as of October 25, 2012. The parties agree as follows: 1. Bubba will not mention Terry Bollea (''Hulk Hogan") on the radio or to any member of the press either directly or indirectly,unless the statementis positive about Terry and/or unless Terry ls a subject in the media concerninga newsworthyincident, excludingthe sex tape scandal, and the statement by Bubba about Terry is either positive or neutral. Bubba will not disparageTerry in any way to any person or entity. Bubba will not make any parody songs, radio skits, videos, or related content about Terry in any way. The statement set forth in Paragraph 8 below (and Exhibit B attachedhereto) will be Bubba's only stateme11tregarding Terry and the sex tape scsndal; Bubba will not make:,any other public statementsregarding that subject, either directly or indirectly. 2. The parties will not disparageone another. Notwithstanding,Terry Willbe permitted to talk to the press to correct or clarify any false statements,aHegations,rumors, innuendo, etc. and will be permitted to state the truth, namely, that he had no knowledgeof the taping of his sexual encounterwith Heather Clem, was not involved at all with the taping, was not involvedat all with releasing or leaking any video of it, was not involved at all in any efforts to try to exploit any video of it, but just the opposite,has been actively and consistently working to obtain and destroy all copies ofthe video and to punish those involved since Gawker.comfirst posted the video. Notwithstanding,Terry will not make any disparagingstatements about Bubba, other than to correct and clarify the facts as discussed above. Bubha will maintain total confidentialityof all informationregarding Terry and his family membersas to all third parties, includin11matters concerningTerry's and his family's personal life, career, finances, heath issues, sexual issues, etc. 3. 4. Bubba will fully cooperate with Terty, his counsel, law enforcement,prosecutors, and others as to all matters rel,::vantto locating 1111d prosecutingall persons who were involved in leaking or releasing the video(s) involving Terry and Heather, and also pursuing Gawker and its affdiated people and companieswith criminal and civil prosecution,and any other companies and individualsinvoived In posting, distributingor exploiting the video(s). l3ubba and his counsel wlll not communicatewith or assist Gawker or its counsel in any way, except as required I,y law pursuant to a duly served subpoena from a court of competentjurisdiction. 5. Effective as of October l, 2012, Bubba will transferto Terry all of his rights, title and interest, including copyrightsand all other intellectualproperty rights, in all video content of Terry, includingthe sex tape(s). The only exceptionto this transfer will be copyrightsin commercially-releasedvideotapes and DVDs that Buhbahas published prior to October 1, 2012. Sex tapes and related content are not part of this exclusion(Bubba never caused them to be published), and therefore,Bubba is transferring to Terry ell of this right, tiile and interest in connectionwith all sex tapes and related content involvingTerry. Bubba will fully cooperate with Terry and his colinselin pursuing copyrightinfringementand related claims against all persons using such conte.ntWithoutTerry's permission. Cooperationwould include, without 1!38941.1 Page I of4 CONFIDENTIAL BOLLEA000664 CONFIDENTIAL limitation, executingany copyright documentsconsistent with the foregoing,including the transfer agreementattachedhereto as Exhibit A. Terry will use the aforementionedrights to the sex tape(s) and related content to have all such content removed from public view and destroyed. Terry has no interest in, and will not seek to, exploit such content in any way. Bubba represents and warrants that he owns all or at least one half of the copyrightsin the sex tape(s)'findrelated content.of Terry and Heather, and that hehas not assigned or licensed any rights in such content to any persons or entities. 6. Bubba will tum over I 00%of all infonnation, documents,electronicfiles, videos, videotapes,audiotapes,and other materials collcemingthe sex tape(s), including all copies and reproductionsthereof, in his possession, custody.orcontrol concerningin any way Terry or his family members,includingthe creation, storage, transportation,release, dissemination,and exploitationthereof. 7. Bubba represents and.warrants.that he had no role whatsoeverin the release, dissemination,leaking, attempts to exploit, or exploitationof any video(s) involving Terry, includingthe sex tape(s). 8, Simultaneouslywith the execution of this settlementagr~ment, Bubb.awill provide a signed written apologyto Ten-yin tbe fonn attachedhereto as Exhibit B (the text of which is stated below), and Bubba also will read the statement verbatim on the air during his syndicatedmorning radio show, The Bubba the Love Sponge Show, a total of two times: at or about 7:00 a.m. on Monday, October 29, 2012, and at or about 8:00 a.m. on Tuesday, October 30, 3012. Bubba will deliver the on-air statement in a sincere and heartfelt manner. The written/on-airstatementwill read as follows: "AfterfurtherInvestigation,I am now convincedthat Hulk Hoganwas unawareof the presenceof the re,cordlngdevice In my bedroom. I am convincedhe had no knowledge that he was beingtaped. Additionally,I am certainthat he had no role fn the releaseof the video. It is my belief that Terry Is not Involved,and has not ever been Involved,in tryingto releasethe video, or exploitIt, or otherwisegain from the video's releasein any way. Regrettably,when Hui~filedthe lawsuitagainstme, I lnstlnclivelywent on the offensive. The thingsthc1tI said about him c1ndhis childrenwere not true. I was wrong c1ndI am deeplysorry for my reaction,and for the addUlonalpain thatll cau.sedHulk and his childrenon top of the pain that they alreadywerefeelingfrom havingIe.irnedthat Terrywas tapedwithout his knowledg~.and the public releaseof the video. I arn committedto helpingHulk and h.lsattorneysfind whoeverIs responsiblefor the releaseof the tape and holdfngthem accountableto the fuilest extentof the law." 9. The parties will keep the tentts ofthls settlementagr¢ement,except for Exhibits A and B, strictly confidential,except 11sfollows: a. The parth:s may disclose the tenns to their respectivelegal counsel, busin.essmanagers,.accountantsand tax preParers,on a need to know basis only; 1138941.J Page 2 of4 CONFIDENTIAL BOLLEA000665 CONFIDENTIAL b. To Heather Clem's counsel and Heather solely for purposes ofresolving the dispute and lawsuit betweenTerry and Heather, and provided that those who are disclosed the informationagree in advanceto maintain its confidentiality; c. As required by law, such as a subpoenaor other legal device dbnipelling the productionof the information,provided that the party seeking to disclose the informationin connectionwith same gives the other party to this agreementprompt advance notice to allow it to seek a protectiveorder or other legal protection; d. As the parties may otherwise agree in advancepursuant to a fullyexecutedwritten agreement. 10. Bubba will promptlytum over to Terry's legal counsel JOO%of all documents, materials,photos, videos, electroniccontent of all kinds, and other I)laterialsin his possession, custodyor controlthat pertain in any way to Terry and his family members,other than court filings In this lawsuit and communicationsafter October 1, 2012 regarding the underlying dispute, lawsuitand settlement. Bubba will certify under penalty of perjury that all such documentsand materials in his possessionor legal control (includingwithin the possession of his current and former agents and representatives)have been turned over to Terry's legal counsel. 11. Bubba will pay Terry the sum of $5,000, in two consecutivemonthly instalhnent payments of$2,500 each, commencingon November I, 2012, to help reimburseTerry for the legal and PR costs that Terry has been required to incur in connectionwith the release of the video. Bubba representsthat he does not have substantialassets, and that the payment described in this paragraphis a substantialpayment for him, based on his limited assets. 12. The parties herebyrelease one anotheras to all claims and causes of.11ction that each party may have againstthe other, provided that the other party remains in compliancewith his obligationsunder this settlementagreement,includinghis representations.andwarranties herein. If a party materiallybreaches his obligationsunder this settlement,includinghis representationsand warranties,then the injuredparty would be permittedto void the release and re-file claims, and the pendency of the release would serve to toll all applicablestatutes of limitationsas to all applicableclaims. If eitherparty breaches the agreenlent,they win have 5 days from the date of notice of the breach to cure the br