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BOARD OF TRUSTEESDavid J . Joseph, Jr.Cha i rm a nRobert SeniorVice Chai rmanJohn R. StraussVice Cha irman

. Wi lli am A. FriedtanderVice ChairmanRo bert W. Heldm an1 reasurerJames A. SalingerSec retaryWarren C. Falbe rg 'Pr esidentMrs . Thoma s Berger'Phi li p 1.. CohenBernard L. DaveMrs . Alvi n L. DunbarRonald H. Fegelman, M.D.John J . FrankAr thu r R. Fr iedmanRabbi Fishel J. Go ldfederDavid L. Graller, M.D.Henry H. Hers ch

The Jewish Hospitalof Cincinnati3200 BURNET AVENUE, CINCINNATI , OHIO 45229 513 / 872-3220 SINCE 1850

May 27, 1911Private and Confidential

Dr. Henry J . Heimlich, DirectorDepartment of SurgeryThe Jewish HospitalCincinnati , Ohio 45229Dear Henry:As per ou r discussions of yesterday, the following representsthe areas which we agreed to in terms of your stepping down asDirector of Surgery, effective June 30, 1977, and theaccommodations the Hospital wil l make for the following sixmonths:

1. On si te location

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Private and Confidential - 2 -

of three years. We will entertain any reasonable alternatives whichmay be advantageous to you and in conformity with our appropriate legaland tax requirements.

5. Accounting for private incomeYou have agreed to provide us, no la ter than July 30, 1977, anaccounting of a l l of your private income for the f i sca l year endingJune 30, 1977, and including an accounting of your uncollected orunbilled income from private pract ice , as per Section 6 B, Page 6of the Letter of Agreement. .

6. Esophageal FellowYou will provide to me within the next week a proposed modus operandiin which the educational program of the Esophageal Fellow will beconducted, which we will review, approve or disapprove, as per ourlegal responsibi l i t ies regarding our residency agreement with theCouncil of Medical Education of the American Medical Association.

7. Vacation payAt the point ofterrninat ion, i . e . , June 30, 1977, you wil l receive inaddition to your regular compensation, payment equal to one month foryour unused vacation.

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FORM 194 THE JEWISH HOSPITALMEMORANDUM

FROM: Henry J. Heimlich, M.O )Mr. l ~ a r r e n C. Fa1bery,.

DATE: May 31,1977TO : SUBJECT: Your letter of May 27/ / ,

" . / \In regard to your letter of May 27, 1977, attached with acknowledgement ofreceipt, there were several items upon which we agreed that were not included .

1] The funds contributed by the Weston Foundation in my honor and for my use inesophageal surgery are to be used only by me either at The Je\'Iish Hospital orelsewhere.2] The travel expenses, including one week's hotel and meals, for my lectures inLondon, in June, are to be reimbursed by The Jewish Hospital in keeping with ourLetter of Agreement. I will also be on vacation two additional weeks at my ownexpense .3] Terminal compensation under the provisions of our Agreement ~ / i 1 1 be placed inthe trust account on or before June 30, 1977.4] A suitable location for me to see and examine patients will be provided.

Other matters that should be considered at this time include:

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FORM 194 R1 THE JEWISH HOSPITALMEMORANDUM

TO: Dr. Henry J . Heimlich DATE: June 1, 1977FROM: Mr. Warren C. Falberg SUBJECT: Announcement of Your Changing Role

Dear Henry:I was most disappointed to receive your memorandum disagreeing with thecontents of my communication to the Board of Trustees regarding your changein position. According to our discussions which we held on Thursday,May 26, and the notes which I made, we agreed that the announcement wouldstate that you will no longer be the Director of Surgery by mutual agreement.Additionally, i t was your intention to devote more time to the practice ofsurgery and research. I believe my memorandum very specifically spelledout this issue and used, in fact, your own wording.In regard to your other le t ter concerning the provisions of our le t ter ofagreement, please be assured that we will meet our obligations with respectto the establishment of the t rus t by June 30, 1977.Lastly, I have not received to date a .copy of my memorandum outlining the

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". ' ,''"''{'4 .. .

PORN .ell

FROM:

TO:

THE J.EWISH HOSPITALMEMORANDUM

Henry J. Heimlich, M.O% DATE: June 3, 1977Mr. Warren C. Falberg, President SUBJECT: Your memo of June

You are well aware that my termination from the hospital was notinitiated by me and that I did not r e s i g n ~ You also know that I havecarefully tried to keep the record straight concerning my terminationand prepared for you precisely what could be said ,in a joint conmunication.You c h ~ n g e d the thrust of what I agreed to . I believe your action to beimproper. I would appreciate your advising the Board of Trustees concerninthe actual facts of my termination and your informing the members I will beavailable, either before or after June 30, 1977, to discuss with them thecircumstances surrounding it .HJH:n

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