Settlement Agreement, June 8, 1928

THIS AGREEMENT made this 8th day of June Nineteen Hundred and Twenty- eight, between UNITED STATES RAD UM CORPORATION, a corporation of the State of Delaware, party of the first part, and GRACE FRYER, of the City of Orange, County of Essex and State of New Jersey, party of the second part, WITNESSETH: WHEREAS, the party of the second part has instituted suit in the Supreme Court of the State of New fersey against the party of the first part, and the parties to said suit, by agreement in writing bearing date June 4, 1928, executed in their behalf by their respective attorneys in said suit, have agreed to settle the same upon the terms and conditions stated in said agreement, which are hereby approved; NOW THEREFORE, THIS AGREEMENT WITNESSETH: That pursuant to the stipulations contained in said settlement agreement, in part performance thereof and in consideration of the performance of the agreements therein contained the parties hereto do hereby agree as follows: 1. That the party of the first part does hereby agree to pay to the party of the second part the sum of Six Hundred Dollars ($600.00) per year, in equal quarterly payments, (the first payment to be made on the 11th day of September, 1928) , for and during her natural life or unt 1 such time as the Committee of Physicians hereinafter provided for, or any two of then, shall determine and report that the said party of the second part is not suffering from any disability due to radium poisoning, or to any of the effects thereof. 2. Such payment shall be made to Messrs. Potter and Berry, No.60 Park Place, Newark, N.J., attorneys of the party of the second part, by check sent through the United States mail, payable to said party of the second part. The said party of the second part, however, by notice in writing filed with the party of the first part, may direct that such payments shall be mailed directly to her at the address stated in said notice, or to any person whom she may therein designate. 3. The party of the first part will pay to the party of the second part the amount necessarily paid or incurred by her to June 4,1928, for medicines or medical treatment for the purpose of endeavoring to cure her of her alleged illness claimed to be due to radium poisoning. The amount which the party of the first part shall pay to the party of the second part under this paragraph shall be the anount fixed by Honorable Willia Clark, of Princeton, N.J., (one of the Judges of the United States District Court for the District of New Jersey) and shall not include any item which shall not have been presented to the Honorable William Clark by the party of the second part on or before July ,1928. The party of the first part, in and by the settlement agreement dated June 4,1928, to which re- ference has above been made, has agreed to make like payments for medicine and medical treatment to CATHERINE SCHAUB, ALBINA LARICE and JAMES A. LARICE, her husband, QUINTA licDONALD and JAMES McDONALD, her husbend, and EDNA HUSSMAN and LOUIS HUSSMAN, her husband, subject, however, to the provision that the aggregate of all sums payable to all persons hereinabove named, including the party of the second part, by the party of the first part, for such medicine and medical treatment, shall not exceed Seven Thousand Five Hundred Do lars($7,500.) The amount payable to the party of the second part under this paragraph is subject to the limitation last above mentioned and in the event that the amounts expended or incurred by the persons above named for medicine and medical treatment, as above stated, as approved by Honorable William Clark, shall in the a gregate exceed Seven Thousand Five Hundred Dollars ($7,500.), the amount so approved for the party of the second part hereto shall abate proportionately 80 as to bring the whole amount payable to all of the persons above named, for such