Gmail - Fw: McDonough v. Homestead - PRR appeal - PRIVILEGED AND CONFIDEN... Page 1 of 26 Eric McDonough From: Samuel I. Zeskind Sent: Tuesday, May 9, 2017 11:13:17 AM To: Alan Greenstein Subject: RE: McDonough v. Homestead Ͳ PRR appeal Ͳ PRIVILEGED AND CONFIDENTIAL SETTLEMENT COMMUNICATION Good morning Alan, As a reminder, we have the executive session this evening, during which we will present the proposed terms set forth below. In addition to those terms, would your client also be agreeable to a narrow nonͲ disparagement clause limited to statements, etc. regarding the subject public records request and the lawsuit? I envision the clause would read as follows: Non-Disparagement. McDonough agrees that he will not, without prior written permission from City, directly or indirectly contact members of the press or media, City’s representatives, agents, employees, attorneys, elected officials, or any other entity that has a business relationship with City in order to discuss this Agreement and/or the Public Records Request or Lawsuit giving rise to this Agreement. McDonough also agrees that he will not post anything on the internet that disparages the City, or any of its officials, agents or employees concerning this Agreement and/or the Public Records Request or Lawsuit underlying this Agreement and that McDonough will rescind or delete anything that he has already placed on the internet that disparages City, or any of its officers, agents, or employees concerning this Agreement and/or the Public Records Request or Lawsuit underlying this Agreement. It is understood by McDonough that this clause continues beyond the date on which the Agreement becomes effective. Please let me know where you stand on this as soon as possible. Thanks. https://mail.google.com/mail/u/0/?ui=2&ik=0e34f33ef3&view=pt&msg=15bedd09589bdd... 5/16/2017