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<br />December 14, 2004 - Special Meeting
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<br />the County will pay Porter the balance of the amounts owed to her pursuant to
<br />the February 2004 Employment Agreement less amounts that Porter receives
<br />subsequent to January 1, 2005.
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<br />(e) Death, Disabili ty or Other Employment. If Porter dies before the
<br />date her salary continuation ends, Porter's estate shall receive an amount
<br />equal to the remainder of the salary continuation payments owed hereunder.
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<br />If Porter obtains other full-time employment prior to the date Porter's
<br />salary continuation ends, medical, vision and dental benefits shall cease on
<br />the last day of the first month during which Porter receives any such
<br />benefits. However, except as provided in Paragraph l(d) (I) hereof, this
<br />Agreement shall not limit the County's duty to pay Porter as provided in
<br />Paragraph V.A.1 of the February 2004 Employment Agreement. The term "other
<br />employment" shall mean full-time, active employment, but shall not mean self-
<br />employment or consulting. Within 10 days of Porter's acceptance of such other
<br />employment, Porter shall notify the Board of that fact in writing, the date
<br />such employment is expected to begin, and the date that Porter is first
<br />eligible to receive any such benefits. Porter acknowledges that Porter 's
<br />failure to notify the Board as required by this section will constitute a
<br />material breach of this Agreement.
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<br />(f) Revocation by Porter. Porter may revoke this Agreement in writing
<br />delivered to the County Manager or the Board's chair by 5:00 p.m. on December
<br />17, 2004, in which case Porter will be terminated effective December 14, 2004
<br />without further compensation except as provided in the February 2004
<br />Employment Agreement. Porter agrees that this offer of employment
<br />continuation Porter has decided to accept in exchange for signing this
<br />Agreement provides consideration greater than that to which Porter otherwise
<br />would be entitled.
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<br />section 2 - Complete Release
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<br />(a) In General. Porter unconditionally releases and discharges all the
<br />claims described in section 2 (b) that Porter may have against any Released
<br />Party as defined and listed in section 2 (d), except that Porter is not
<br />releasing any claim that relates to Porter's right to enforce this Agreement,
<br />or any rights or claims that arise after Porter signs this Agreement.
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<br />(b) Claims Released. subject only to the exceptions in section 2 (a) ,
<br />Porter herby releases and discharges all known and unknown claims, promises,
<br />causes of action, or similar rights of any type that Porter presently may
<br />have ("Claims") with respect to any Released Party listed in Section 2 (d) .
<br />Porter acknowledges that the payment provided in this Agreement will
<br />constitute full satisfaction of all claims, compensatory damages, punitive
<br />damages, liquidated damages or attorneys' fees, costs and disbursements,
<br />known or unknown, asserted or unasserted, including but not limited to claims
<br />for lost or unpaid wages, severance, retirement or other benefits, claims for
<br />damages to reputation, claims for physical, mental, and personal injuries,
<br />and resulting emotional distress, pain and suffering, as well as all
<br />unasserted claims, including but not limited to legal or equitable relief,
<br />for all other statutory claims, all common law claims, contract claims
<br />(express, implied, oral or written) and costs or actions. Porter understands
<br />that the Claims Porter is releasing and discharging might arise under many
<br />different laws (including federal, state and local statutes, executive
<br />orders, regulations, other administrative guidance, and common law
<br />doctrines), including, but not limited to, the following (any and all as
<br />amended) :
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<br />The Age Discrimination in Employment Act¡
<br />The Americans with Disabilities Act of 1990¡
<br />Section 1981 of the civil Rights Act of 1866¡
<br />Title VII of the civil Rights Act of 1964¡
<br />The Civil Rights Act of 1991¡
<br />The Employee Retirement Income Security Act or 1974¡
<br />The Equal Pay Act¡
<br />Executive Order 11141¡
<br />Executive Order 11246¡
<br />The Fair Labor Standards Act of 1938¡
<br />The Family and Medical Leave Act of 1993¡
<br />The Immigration Reform and Control Act¡
<br />The National Labor Relations Act¡
<br />The North Carolina Equal Employment Practices Act¡
<br />The North Carolina Persons with Disabilities Protection Act¡
<br />The North Carolina Retaliatory Employment Practices Act¡
<br />The Occupational Safety and Health Act¡
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