MARTYN BRADBURY SCOTT YORKE

SETTLEMENT DEED

DEED dated

2012

PARTIES MARTYN BRADBURY, of Auckland (Martyn) SCOTT YORKE, of Auckland (Scott)

INTRODUCTION A. B. C. Martyn is a broadcaster and blogger, and engages in a number of media activities. Scott is a lawyer who engages in blogging from time to time. The parties have been involved in a dispute, after Martyn wrote certain things about Scott, and Scott responded by writing certain things about Martyn. The parties wish to settle the dispute and agree to do so on the terms set out in this deed.

D.

COVENANTS 1. 1.1 DEFINITIONS AND INTERPRETATION Definitions: In this deed, including the Introduction, the following terms will have the following meanings: Business Day means a day, excluding Saturdays, Sundays, statutory public holidays or any other day in the period commencing 24 December and ending on 5 January, on which registered banks are open for ordinary over-the-counter business in Auckland, New Zealand; Commencement Date means the date of signing of this deed by both parties; Dispute Notice has the meaning given to that term in clause 5.2; Duel has the meaning given to that term in clause 5.3(a); Duel Notice has the meaning given to that term in clause 5.3(a); Imperator Fish Blog means the blogsite located at imperatorfish.com; and Tumeke Blog means the blogsite located at tumeke.blogspot.co.nz. 1.2 Interpretation: In this deed: (a) (b) headings are used for convenience only and will not affect its interpretation; references to the singular include the plural and vice versa;

SETTLEMENT DEED

(c)

references to a party include that partys successors, executors, administrators and permitted assignees (as the case may be); references to clauses are to those clauses in this deed; and where a word or phrase is defined, its other grammatical forms have a corresponding meaning.

(d) (e)

2. 2.1

SETTLEMENT Scotts obligations: In consideration for the covenants and obligations of Martyn under clause 2.2, Scott covenants and agrees as follows: (a) not in the future to publish: (i) (ii) any further blogposts on the Imperator Fish Blog; or any other materials on any other media whatsoever, whether in electronic form or otherwise,

concerning Martyns alleged obsession with real estate (without in any way acknowledging that Martyn does not have an obsession with real estate); and (b) to use all reasonable endeavours now and in the future not to be a dick on the internet.

2.2

Martyns obligations: In consideration for the covenants and obligations of Scott under clause 2.1, Martyn covenants and agrees as follows: (a) to ensure that all future publications by Martyn or on the Tumeke Blog that refer to Scott in any way, use the correct spelling of his name; and to use all reasonable endeavours now and in the future not to be a dick on the internet.

(b)

3. 3.1

TERMS OF SETTLEMENT No restriction: The parties acknowledge and agree that nothing in this deed will be construed as: (a) an acceptance by Scott that the Imperator Fish Blog reeks of wannabe baby boomer mediocrity in beige; or an acknowledgement by Martyn that he has sat the real estate exams and is planning to open a chain of real estate offices throughout Auckland.

(b)

3.2

Freedom to vilify: For the avoidance of doubt, except as expressly specified in clauses 2.1 and 2.2 each party will be free to vilify, demonise, taunt, mock, and generally ridicule the other to the fullest extent permitted by applicable law.

SETTLEMENT DEED

4. 4.1

TERM AND TERMINATION Term: This deed comes into effect on the Commencement Date and, unless earlier terminated under clause 4.2, will continue in force until the later of: (a) (b) 21 December 2012; and the date the world does in fact come to an end.

4.2

Termination by either party: Either party may terminate this deed at any time by giving written notice to the other party if: (a) (b) the other party does anything in breach of clauses 2.1 or 2.2; or the other party makes a public declaration in support of any of the following political parties: (i) (ii) (iii) the National Party; the ACT Party; or the United Future Party,

and where the other party does not provide medical evidence to explain the reason for his public declaration within ten Business Days of receiving notice requiring him to do so. 4.3 Consequences of termination: (a) Upon termination or expiry of this deed for any reason, each party will be at liberty to take such cheap shots against the other as he may see fit. Termination or expiry of this deed will be without prejudice to the rights and remedies of the parties accrued prior to termination, including for any prior breach of this deed.

(b)

5. 5.1

DISPUTES Procedure: If a dispute arises in relation to this deed, the parties will attempt to resolve the dispute using the dispute resolution process set out below. Informal resolution: Either party can initiate the dispute resolution process by giving written notice of the dispute to the other party (Dispute Notice). Upon receipt by the other party of the Dispute Notice, the parties will work together in good faith to resolve such dispute. Pending resolution of such dispute each party will, to the extent he is able, continue to perform his obligations under this deed. Duel: (a) If the parties cannot resolve the dispute by negotiation within ten Business Days following the date of delivery of the Dispute Notice, then either party may, by

5.2

5.3

SETTLEMENT DEED

written notice to the other party (Duel Notice), require the dispute to be determined by way of armed duel using pistols, swords, or feather dusters (Duel). (b) The Duel will be held at such location and at such time, and following such procedures, as the parties agree in writing. If the parties cannot agree such matters in writing within ten Business Days following the date of the Duel Notice, the parties will submit such matters to Louis Crimp of Invercargill for his determination, and the parties agree to be bound by any such determination.

5.4

Other remedies: A party to the dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute by Duel within 20 Business Days after commencement of the Duel. Urgent relief: Nothing in this clause 5 will prevent either party, at any time, from seeking any urgent relief via social media or the blogosphere, in relation to any matter that arises under this deed. GENERAL No implied warranties: Each party acknowledges that, in entering into this deed, he does not do so in reliance on any representation, warranty, term or condition except as expressly provided in this deed, and any conditions, warranties or other terms implied by statute or common law are excluded from this deed to the fullest extent permitted by law. No assignment: Neither party may assign, transfer or novate any or all of his rights under this deed, without first obtaining the other partys written consent. Variations: No amendment, variation or modification to this deed will be effective unless it is in writing and has been signed by duly authorised representatives of both parties. Waiver: No failure or delay by either party to exercise any right or remedy under this deed will be treated as a waiver of such right or remedy. No single or partial exercise of any right or remedy will prevent the further exercise of such right or remedy. Entire agreement: This deed contains the whole of the contract and understanding between the parties relating to the matters covered by it. This deed supersedes all prior representations, agreements, statements and understandings between the parties relating to those matters, whether verbal or in writing. Invalid clauses: If any part of this deed is held to be invalid, unenforceable or illegal for any reason, this deed will be deemed to be amended by the addition or deletion of wording necessary to remove the invalid, unenforceable or illegal part, but otherwise to retain the provisions of this deed to the maximum extent permissible under applicable law. Costs: Each party will bear his own legal costs and expenses incurred in connection with the preparation, negotiation and execution of this deed.

5.5

6. 6.1

6.2

6.3

6.4

6.5

6.6

6.7

SETTLEMENT DEED

6.8

Further action: Each party agrees to execute, acknowledge and deliver all instruments, make all applications and do all things, as may be necessary or appropriate to carry out the purposes and intent of this deed. Counterparts: The parties may sign this deed in any number of counterparts (including facsimile copies). All counterparts, when taken together, will constitute one and the same agreement. A party may enter into this deed by signing any counterpart. Governing law: New Zealand law governs the formation, validity, construction and performance of this deed. The parties irrevocably agree that, subject to clause 7, the courts of New Zealand will have non-exclusive jurisdiction to hear and determine all disputes under this deed. The parties irrevocably waive any objections to New Zealand as the forum for proceedings on the grounds of forum non-conveniens or on any similar grounds.

6.9

6.10

SIGNED AS A DEED

Signed by MARTYN BRADBURY in the presence of:

Signature

WITNESS Signature: Name: Address: Occupation: ___________________________ ___________________________ ___________________________ ___________________________

Signed by SCOTT YORKE in the presence of:

Signature

WITNESS Signature: Name: Address: Occupation: ___________________________ ___________________________ ___________________________ ___________________________

SETTLEMENT DEED