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JUL-E-015 09:19 FROM:

07/67/2015 0646
a010808800002

TO: 16785590630

P.1/2
PAGE @1

1, Alan Human. declare as follows:

I am the Chief Executive Officer of Hayman Sports, LLC. I make this

Declaration in support of Defendants Motions to Stay. I know the fbllowing facts

of my own personal knowledge and if called as a witness could, and would,
competently testify thereto.
2.

Attached hereto as Exhibit is a true and correct copy of the

Settlement and Release Agreement ("Settlement Agreement") by and among Golden

9 Boy Boxing, LLC, Golden Boy Boxing Holdings, LLC Golden Boy Enterprises,
10 LLC, Oscar De La Hoyu and the Oscar Dc La Hoya Separate Property Trust

11A

ii Richard Schaefer, and Akin Hayman Development, Inc., Haymon Properties, LW,

4i12 Haymon Holdings, LLC I and Haymon Sports, LLC (collectively, "Haymon").
13

3.

On January 8, 2015, Haytnon exercised a discretionary right under the

Settlement Agreement to end its business relationship with Golden Boy In return for

Is

Haynion tnaldng a highly substantial settlement payment to Golden Boy.

16

4.

Ryan Caldwell is the Chief Operating Officer of Haymon Sports, LLC

17 and has held that position since June 19, 2014.

18

I declare under penalty of poijwy under the laws of the United States of

9 America that the foregoing is true and corect.

20
Executed thIs 6th day of Iuly 2015, at Los Angelea, California.
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22
23
24
25
26
21
28
MOTiON % STAY Adiii
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SETTLEMENT AND RELEASE AGREEMENT

1. PARTIES
1.1

This Settlement and Release Agreement (the "Agreement"), dated as of August 5,

2014 (the "Effective Date"), is entered into by and among Golden Boy Boxing, LLC ("Boxing"),
Golden Boy Boxing Holdings, LLC ("Holdings"), Golden Boy Enterprises, LLC ("Enterprises"),
Oscar De La Hoya ("De La Hoya") and the Oscar De La Hoya Separate Property Trust (the
"Trust"), Richard Schaefer ("Schaefer"), and Alan Haymon Development, Inc., Haymon
Properties, LLC, Haymon Holdings, LLC, and Haymon Sports, LLC (collectively the Haymon
entities, "Haymon"). Boxing, Holdings, Enterprises, Dc La Hoya, and the Trust shall be
collectively referred to herein as "Golden Boy." Golden Boy, Schaefer and Haymon shall be
collectively referred to herein as the "Parties." For good and valuable consideration, the
sufficiency of which is hereby acknowledged, the Parties hereby agree as follows.
2. RECITALS
2.1

2.2

I
2.3

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EXHIBIT A

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2.4

Haymon manages or advises various professional boxers, some of whom have

existing promotional agreements with Golden Boy and some of whom have had their bouts
promoted by Golden Boy but are not a party to any express or implied promotional agreement
with Golden Boy.
2.5

In order to resolve any and all claims among them, and without admitting liability

or responsibility in any way, Golden Boy, Schaefer and Haymon now desire to resolve all of
their disputes on the terms and conditions as set forth herein.
3. AGREEMENT
3.1

3.2

3.2.1

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3.2.2

3.2.3

3.2.4

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3.3

3.3.1

(a)

(b)

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3.3.2

3.3.3

(a)
(b)
(c)

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(d)
(e)
3.3.4

3.3.5

3.3.6

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3.4

3.5

3.6

3.7

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3.8

3.9

3.10

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4. RELEASES
4.1

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4.2

Except for the obligations set forth in this Agreement, Haymon hereby releases

and discharges Golden Boy and each of their affiliated persons and entities, including without
limitation, directors, shareholders, members, managers, agents, attorneys and successors, from
any and all claims, actions, debts or liabilities of any kind, whether known or unknown, fixed or
contingent, from the beginning of time through the date of the execution of this Agreement,
including, but not limited to, any of the matters alleged in the arbitration filed by Golden Boy.
4.3

Except for the obligations set forth in this Agreement, Golden Boy hereby

releases and discharges Haymon, each Haymon Boxer, and each of their affiliated persons and
entities, including without limitation, directors, shareholders, members, managers, agents,
attorneys, officers, employees, and their respective successors, from any and all claims, actions,
debts or liabilities of any kind, whether known or unknown, fixed or contingent, from the
beginning of time through the date of the execution of this Agreement, including, but not limited
to, the claims in the arbitration filed by Golden Boy and any other claims which arise out of, or
relate to, Schaefers employment with Golden Boy and any other activities and agreements
between Haymon and/or the Haymon Boxers on one hand, and Golden Boy on the other hand.
In the event that any Haymon Boxer brings a claim against any Golden Boy entity based on
allegations of conduct occurring at any time prior to and including the date of execution of this
Agreement, Haymon agrees to fully indemnify Golden Boy from any such claim, including but
not limited to, paying any actual attorneys fees or costs incurred by Golden Boy in defending
against any such claim.
4.4

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4.5

4.6

4.6.1

4.6.2

4.6.3

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4.7

Except as specifically set forth in Paragraphs 4.3, 4.4, 4.5, and 4.6, Schaefer,

Haymon and Golden Boy hereby waive all rights under California Civil Code section 1542,
which section reads as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM
OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR."
4.8

Each of the Parties represents and warrants that he or it has not assigned or

transferred to any other person, firm or corporation in any manner, including by way of
subrogation or operation of law or otherwise, all or any portion of any claim, demand, right,
action or cause of action that he or it had, has or might have arising out of the matters released
hereby. In the event that any claim, demand or suit should be made or instituted against any
person or entity released hereby because of any such purported assignment, subrogation, or
transfer, each of the Parties claimed to have made such an assignment, subrogation, or transfer
agrees to indemnify and hold any party released hereby harmless against such claim, demand, or
suit, including attorneys fees and costs, if any.
4.9

The releases in Paragraphs 4.1, 4.2, 4.3, and 4.4 survive the termination of this

Agreement and the Term, whether by expiration of the Term or otherwise.

5. CONFIDENTIALITY AND NON-DISPARAGEMENT
5.1

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5.2

5.3

6. DISPUTE RESOLUTION
6.1

Any and all disputes arising out of, relating to, or regarding this Agreement -

including but not limited to its implementation, interpretation, validity or enforcement - as well
as any GB Reserved Claim shall be exclusively and solely resolved through an expedited binding
and confidential arbitration before the Hon. Daniel Weinstein, Ret. The Parties agree to waive
any disclosure that needs to be made by Judge Weinstein in order for such binding proceeding to
be enforceable. Judge Weinstein will decide how any such proceeding shall be conducted,
including whether and how discovery will be conducted, whether and how evidence will be
presented, the nature of any briefing and argument and the venue of any such proceeding, and in
the absence of any decision by Judge Weinstein, such matter shall be as determined by the JAMS
Streamlined Arbitration Rules and Procedures. Judge Weinstein shall be authorized to award all
forms of relief, including equitable and injunctive relief he deems appropriate. Any ruling or
award issued by Judge Weinstein shall be final and binding and not subject to any appeal;
provided, however, the Parties shall be entitled to solely bring actions which may be necessary to
confirm or enforce any such ruling or award by Judge Weinstein. The prevailing party in any
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such arbitration shall be entitled to recover reasonable attorneys fees and costs, including all
arbitration costs (e.g., Judge Weinsteins or Ms. Hasses) fees in conducting the proceeding. In
the event of Judge Weinsteins inability to arbitrate the dispute due to unavailability, illness or
incapacity, the parties agree to conduct the binding arbitration before Lizbeth Hasse, who shall
conduct the arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures.
Notwithstanding anything to the contrary, each of the parties hereto acknowledges and agrees
that in connection with any proceeding involving Haymon under this Section 6. 1, no party hereto
(or otherwise) shall have any right or authority to audit or review any financial records of
Haymon or its affiliates, without any limitation to any rights to review or audit any other party
hereto, excluding solely as set forth in Section 7.2 below.
7. REPRESENTATIONS AND WARRANTIES
7.1

7.2

Haymon represents and warrants that: (a) it has not knowingly committed any act

that constitutes a violation of the Muhammad Ali Boxing Reform Act, codified at 15 U.S.C.
6301 etseq.; (b

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7.2.1 Without limiting the foregoing, Haymon agrees to indemnify, defend, and
hold harmless the Golden Boy entities for any losses, damages and/or expenses (including
reasonable attorneys fees incurred in connection therewith), which any such Golden Boy entity
may incur or be obligated to pay, arising from any breach by Haymon of clause (a) or (b) of
Section 7.2 (the "Haymon Indemnification Obligation").
7.2.2

7.2.3

7.3

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7.4

8. MISCELLANEOUS
8.1

The Parties execute this Agreement voluntarily, with full knowledge of its

significance, and with the express intention of effecting the full release of the released claims,
including unknown or unanticipated claims (other than the GB Reserved Claims).
8.2 8.2.1

8.2.2

8.2.3
8.2.4
8.2.5

8.2.6

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8.2.7

8.2.8

8.2.9
8.3

This Agreement is made under, and shall be construed and enforced in accordance

with, the laws of the State of California without regard to its conflict of laws rules.
8.4

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8.5

8.6

This Agreement shall be binding upon and inure to the benefit of the heirs,

administrators, executors, stockholders, employees, successors and assigns of the Parties and any
parent, subsidiary and/or affiliated entity of each of the Parties.
8.7

This Agreement sets forth the entire agreement between the Parties concerning

the settlement of the disputes described in this Agreement, and, except as provided herein, shall
supersede any and all prior agreements or understandings, written or oral, between the Parties
pertaining to the subject matter hereof. This Agreement may not be amended, modified, or
terminated, in whole and/or in part, except by an instrument in writing, executed by all of the
Parties or their authorized representatives. Notwithstanding anything to the contrary, each party
hereto acknowledges and agrees that each partys obligations and rights, with respect to any
other party, is separate and distinct, and (i) no party shall be liable or responsible for any other
partys breach or obligations hereunder, and (ii) a breach by a party hereto shall not void,
rescind, terminate, or modify any other partys obligations and rights hereunder.

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8.8

To the extent that any additional documents are required to be executed by any of
the Parties in order to effectuate or can) out this Agreement, such party shall promptly execute
and deliver such documents.
8.9

The provisions of this Agreement shalt be deemed severable and the Invalidity
and unenforceability of any one or more of the provisions hereof shall not affect the validity and
enforceability of the other provisions hereof.
8.10

The terms of this Agreement have been negotiated at arms length among

sophisticated Parties represented by counsel. As a result, the rule of "Interpretation Against the
Draftsman" shall not apply in any dispute over interpretation of the terms of this Agreement.

Dated;

it/il//V
AKr/- eAFER

Dad: i(q

C_1 ~~~E A HOYA, indt)ld

of the Oscar Do La Hoya

and qiTruste
pj Trost

GOLDEN BOY BO NO, L LC

Dated:/

By.
r Do La Hoya
Its: President

Dated;

2,

...#

B OY BxlNG HOL

By: Oscar Dc La Floya

Its: President

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LLC

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Dated: I

GOLD

Y ENTERP SES, LLC

By: Oscar Dc La Hoya

Its: President

Dated: / -/ f)IY

ALAN HAYMON DEVELOPMENT, INC.

Its: President

Haymon Sports, LLC

Dated:____

~~
k 74~~~

/I

Its: President

bated/7g 4

Haymon Properties, LLC

B Alan Haymon
Its: President

Dated: /L/f

Vi V

Haymon Holdings, LLC

Alan Hairdon
Its: President

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EXHIBIT A
1.
2.
3.
4.
5.
6.

7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.

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EXHIBIT B
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11
12.
13.
14.
15.
16.
17.
18.
19
20.
21.
22.
23.
24.
25.

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26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.

37.
38.
39.
40.
41.
42.
43.
44.
45.

46.
47.
48.
49
50.

51.
52.
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53.

54.
55.
56.
57.
58.
59.
60.
61.

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