AG 2004 08 16 - Laserfiche WebLink

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take any additional actions necessary to effect the dismissal or final resolution of the Actions consistent with this Agreemont. 7. No Discrimination Issue. Employee and County acknowledge and agree that there was no issue of racial discrimination raised during the Contested Case and that therefore, it was not error for the presiding admirdstrative law judge not to make findings of fact or conclusions of law regarding racial discrimination. Employee and County further acknowledge and agree that the State Personnel Commission erred, as a matter of law, in making conclusions of law and issuing a final decision that Employee was discriminated against on the basis of her race. Employee and County acknowledge and agree that the State Personnel Commission's final decision regarding the question of racial discrimination should have no force and effect, as a matter of law, and should be reversed. 8. Non-Disparagement. Employee represents that she has not, and agrees that she will not in any way, disparage any of the Keleasees, or make or solicit any comments, statements, remarks or the like to the media or to others, whether in public or private, or assist others in doing so, that may be considered to be derogatory or detrimental to the good name or business reputation of any of the Releasees. County represents that it has not, and agrees that it will not in any way, disparage Employee, or make or solicit any comments, statements, remarks or the like to the media or to others, whether in public or private, or assist others in doing so, that may be considered to be derogatory or detrimental to the good name or business reputation of Employee. 9. No Future Application for Employment. Employee agrees that she shall not apply at any time in the future either for employment or as an independent contractor with any of the Releasees. 10. No Admission of Wron~doinlL Employee agrees that neither this Agreement nor the furnishing of the consideration for this Agreement shall be deemed or construed at any time for any purpose as an admission by County or any Releasee of any liability or unlawful conduct of any kind. County specifically denies all of Employee's claims and charges, particularly those asserted in the Contested Case as well as the State Personnel Commission's conclusions of law set forth in its final decision. 11. No Representations As to Tax Consequences. Employee understands and agrees that County has made no representations as to the tax consequences of the monies paid pursuant to Section 1 above. Employee further understands and agrees, to the extent any tax liability may now or hereafter become due and payable by her because of the payment of monies pursuant to this Agreement, such personal liability shall be her sole responsibility and she shall pay any taxes, penalties or interest which may be determined to be due and payable. If for any reason a federal, state or other governmental agency asserts that the monies paid pursuant to Section 1 Co) or (c) above are subject to federal, state or local employment and/or income taxes or tax withholdings, claims, amounts, interest, penalties, fines, or assessments, Employee shall indemnify and hold County harmless from any and all taxes due from the Employee and any penalties, fines or interest assessed.