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<br />August 16, 2004
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<br />Page 612
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<br />9.
<br />
<br />No Future A~plication for Employment. Employee agrees that she shall
<br />not apply at any time in the future either for employment or as an
<br />independent contractor with any of the Releasees.
<br />
<br />10.
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<br />No Admissiop of Wrong Doing. Employee agrees that neither this
<br />Agreement nor the furnishing of the consideration for this Agreement
<br />shall be deemed or construed at any time for any purpose as an
<br />admission by County or any Releasee of any liability or unlawful
<br />conduct of any kind, County specifically denies all of Employee's
<br />claims and charges, particularly those asserted 'in the Contested Case
<br />as well as the State Personnel Commission's conclusions of law set
<br />forth in its final decision.
<br />
<br />11.
<br />
<br />NO Representations As to Tax Consequences, Employee understands and
<br />agrees that County has made no representations as to the tax
<br />consequences of the monies paid pursuant to Section 1 above. Employee
<br />further understands and agrees, to the extent any tax liability may now
<br />or hereafter, become due and payable by her because Of the payment of
<br />monies pursu~t to this Agreement, such personal liability shall be her
<br />sole responsibility and she shall pay any taxes, penalties or interest
<br />which may be determined to be due and payable. If for any reason a
<br />federal, state or other governmental agency asserts that the monies
<br />paid pursuant to Section 1 (b) or (c) above are subject to federal,
<br />state or local employment and/or' income taxes or tax withholdings,
<br />claims, amounts, interest, penalties, fines, or assessments, Employee
<br />shall indemnify and hold County harmless from any and all taxes due .1
<br />from the Employee and any penalties, fines or interest assessed.
<br />
<br />12.
<br />
<br />Governing Law and Interpretation. This Agreement shall be governed in
<br />accordance with the laws of the State of North Carolina without regard
<br />to its conflict of laws provision.
<br />
<br />13,
<br />
<br />Severability; In the event that any term or condition of this
<br />Agreement is found to be unenforceable by a final decision of a court
<br />of appropriate jurisdiction, it is the intent of the Parties that such
<br />provision be replaced, reformed or narrowed so that the original
<br />business purpose can be accomplished to the maximum extent permitted by
<br />law, and that the remaining provisions of this Agreement will remain in
<br />effect and will not in any way be affected or impaired thereby.
<br />
<br />14.
<br />
<br />Amendment. This Agreement may no,t be modified, altered or changed
<br />except upon express written consent of, both parties wherein specific
<br />reference is made to this Agreement,
<br />
<br />15.
<br />
<br />Section Headings. Section headings are used herein for convenience of
<br />reference only and shall not affect the meaning of any provision of
<br />this Agreement.
<br />
<br />16.
<br />
<br />Violations of Aqreement, If any party to this Agreement commences a
<br />civil or administrative action in violation of any of the provisions of
<br />this Agreement, such Party shall, in addition to such other damages and
<br />other monetary or equitable relief as may be provided by law, be
<br />required to pay the reasonable attorneys' fees and litigation expenses
<br />inourred by any other party to this Ãgreement 'in 'the' 'defense of such
<br />action,
<br />
<br />17,
<br />
<br />Voluntary anâ Knowing Execution. Employee and County each expressly
<br />warrant that they have carefully read this Agreement, that they fully
<br />understand the contents of this Agreement, that they have relied upon
<br />or had the Opportunity to seek the legal advice of attorneys of their
<br />own choosing prior to execution of this Agreement, and that their
<br />execution of this Agreement is voluntary.
<br />
<br />18.
<br />
<br />No Strict Interpretation Aqainst Draftsman. Each of the Parties has
<br />participated in the drafting of this Agreement and has had the
<br />opportunity to consult with counsel concerning its terms. This
<br />Agreement shan not be interpreted strictly against anyone Party On
<br />the ground that it drafted the agreement.
<br />
<br />19,
<br />
<br />Authority to Settle. The undersigned represent and warrant that they
<br />are authorized to enter into this Agreement on behalf of the Parties to
<br />this Agreement.
<br />
<br />20.
<br />
<br />Effective Date. This Agreement shall be effective as of the day and
<br />year on which it is, fully executed by Employee and County.
<br />
<br />A.(
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