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August 16, 2004 Page 612 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 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. No Admission of Wrong Doing. 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. 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 (b) 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. Governing Law and Interpretation. This Agreement shall be governed in accordance with the laws of the State of North Carolina without regard to its conflict of laws provision. Severability. In the event that any term or condition of this Agreement is found to be unenforceable by a final decision of a court of appropriate jurisdiction, it is the intent of the Parties that such provision be replaced, reformed or narrowed so that the original business purpose can be accomplished to the maximum extent permitted by law, and that the remaining provisions of this Agreement will remain in effect and will not in any way be affected or impaired thereby. Amendment. This Agreement may not be modified, altered or changed except upon express written consent of both parties wherein specific reference is made to this Agreement. Section Headings. Section headings are used herein for convenience of reference only and shall not affect the meaning of any provision of this Agreement. Violations of Agreement. If any party to this Agreement commences a civil or administrative action in violation of any of the provisions of this Agreement, such Party shall, in addition to such other damages and other monetary or equitable relief as may be provided by law, be required to pay the reasonable attorneys' fees and litigation expenses incurred by any other party to this Agreement in the defense of such action. Voluntary and Knowing Execution. Employee and County each expressly warrant that they have carefully read this Agreement, that they fully understand the contents of this Agreement, that they have relied upon or had the opportunity to seek the legal advice of attorneys of their own choosing prior to execution of this Agreement, and that their execution of this Agreement is voluntary. No Strict Interpretation Aqainst Draftsman. Each of the Parties has participated in the drafting of this Agreement and has had the opportunity to consult with counsel concerning its terms. This Agreement shall not be interpreted strictly against any one Party on the ground that it drafted the agreement. Authority to Settle. The undersigned represent and warrant that they are authorized to enter into this Agreement on behalf of the Parties to this Agreement. Effective Date. This Agreement shall be effective as of the day and year on which it is fully executed by Employee and County.