|
<br />December 14, 2004 - Special Meeting
<br />
<br />Page
<br />
<br />15
<br />
<br />The Older Workers Benefit Protection Act¡
<br />sections 503 and 504 of the Rehabilitation Act of 1973¡
<br />Worker Adjustment and Retraining Notification (WARN) Act¡ and
<br />
<br />Any other federal, state, or local civil or human rights law or any other
<br />federal law, regulation, ordinance¡ and any public policy, contract (express,
<br />implied, oral or written), tort, or common law.
<br />
<br />(c) Unknown Claims. Porter understands that she is releasing and
<br />discharging claims of which she is unaware. That is Porter's knowing and
<br />voluntary intent, even though Porter recognizes that someday she might learn
<br />that the facts Porter currently believes to be true are untrue and even
<br />though Porter might then regret having signed this Agreement. Nevertheless,
<br />Porter is assuming that risk and Porter agrees that this Agreement shall
<br />remain effective in all respects in any such case. Porter expressly waives
<br />all rights she might have under any law that is intended to protect her from
<br />waiving unknown claims and Porter understand the significance of doing so.
<br />
<br />(d) Released Parties. Released Parties include the Board, the County,
<br />all departments and divisions thereof, and, with respect to each of them, all
<br />of the Board's members individually and collectively, predecessors and
<br />successors, and, with respect to each such entity, all of its past and
<br />present employees, representatives, assigns, attorneys, agents, insurers,
<br />employee benefit programs (and trustees, administrators, fiduciaries, and
<br />insurers of such programs), and any other persons acting by, through, under,
<br />or in concert with any of the persons or entities listed in this section.
<br />
<br />section 3 - Porter's Promises
<br />(a) Pursuit of Released Claims. Porter agrees to withdraw with
<br />prejudice any complaint or charge, if any, Porter has filed against any
<br />Released Party with any agency or court. Porter promises that Porter will not
<br />in the future file any lawsuit, grievance or complaint against any or all of
<br />them based on the Claims released and discharged in this Agreement. Porter
<br />promises never to seek any damages, backpay, remedies, or other relief for
<br />Porter personally (any right to which Porter hereby waives) by filing or
<br />prosecuting a charge with any administrative agency with respect to any Claim
<br />released and discharged by this Agreement.
<br />
<br />(b) County Property. Porter will promptly return to the Board or the
<br />County Manager the original and all copies of any records of the Board or the
<br />County and any credit cards, access and identification cards, computers,
<br />cellular telephones, keys, and any other property of the Board or the County
<br />in Porter's possession.
<br />
<br />(c) Taxes. Porter is responsible for paying any taxes on amounts Porter
<br />receives because Porter signed this Release and Porter agrees that the Board
<br />or the County is to withhold all taxes it determines it is legally required
<br />to withhold. Porter agrees that neither the County nor the Board have made
<br />any representation as to the tax consequences of the monies paid pursuant to
<br />this Agreement.
<br />
<br />(d) Non-Admission of Liability. Porter agrees not to assert that
<br />Agreement is an admission of guilt or wrongdoing and Porter acknowledges
<br />the Released Parties do not believe or admit that any of them has
<br />anything wrong.
<br />
<br />this
<br />that
<br />done
<br />
<br />(e) No Disparagement. Porter agrees not to criticize, denigrate or
<br />disparage any Released Party or make or solicit any comments, statements,
<br />remarks or the like to the media or to others, whether in public or in
<br />private, or assist others in doing so, that may be considered to be
<br />derogatory or detrimental to the good name or business reputation of any of
<br />the Released Parties. The Board represents that it has not, and agrees that
<br />it will not in any way, disparage Porter, or make or solicit any comments,
<br />statements, remarks or the like to the media or to others, whether in public
<br />or in private, or assist others in doing so, that may be considered to be
<br />derogatory or detrimental to the good name or business reputation of Porter.
<br />However, there is no restriction against Porter's ability to criticize,
<br />denigrate, or disparage commensurate with that Porter would have as any other
<br />resident or citizen of Cabarrus County.
<br />
<br />
<br />(f) Nondisclosure. During the course of Porter's employment, Porter was
<br />entrusted with certain political, personnel, business, financial, technical
<br />and other proprietary information and materials, that are the property of the
<br />Board or the County and which involve confidential information concerning the
<br />Board's or the County's operations, decisions, policies, and employees
<br />("Confidential Information"). Porter will not communicate or disclose to any
<br />
|