Draft - Separation Agreement And General Release (Page 3 of 4) in pdf

FIFTH:

The provisions of this Agreement are severable, and if any part of it is

found to be unenforceable, the other paragraphs shall remain fully valid and enforceable. This

Agreement shall survive the termination of any arrangement contained herein.

SIXTH:

Employee by signature below represents and acknowledges that:

(1)

This Agreement sets forth the entire agreement between the parties hereto and,

except as otherwise provided herein, fully supersedes any and all prior agreements

or understandings between Employer and Employee pertaining to the subject matter

of this Agreement;

(2)

Employee agrees to return to Employer all documents, information, data, keys,

credit cards, computer discs and files, and any other property of Employer issued to

or otherwise in Employee’s possession on or before the date Employee signs the

Agreement;

(3)

Any violation of the provisions of this agreement by Employee shall constitute a

default;

(4)

In the event of Employee’s default, a breach and/or violation of this Agreement,

Employer will, except in the case of any challenge of the Agreement under the Age

Discrimination In Employment Act, take all legal action(s) available to it to recover

all monies paid to Employee under the terms of this Agreement and to terminate all

remaining rights or privileges granted, secured, or otherwise made available to

Employee by this Agreement;

(5)

No one from any of the Releasees or the Releasees’ agents, representatives, or

attorneys have tried to mislead Employee, nor have they tried to pressure Employee

into signing this Agreement;

(6)

Attachment A to this Agreement provides the job titles and ages of all persons at

Sumter County Building Services Department who have and have not been selected

for termination under the Restructuring, and also sets forth the eligibility criteria for

the severance benefits;

(7)

Employee has been advised to discuss this Agreement with an attorney and that

Employee may take forty-five (45) days to review this Agreement and that if

Employee does not advise Employer of acceptance or rejection of the terms

contained herein by signing this Agreement by the close of business on,

_______________, this Agreement will become null and void and Employee will

not be entitled to any of the consideration offered under this Agreement;

(8)

Employee has carefully read and fully understands all of the provisions of this

Agreement and is now voluntarily entering into this Agreement;

(9)

In executing this Agreement, Employee does not rely and has not relied upon any

representation, inducement, agreement or statement not set forth herein or made by

Draft - Separation Agreement And General Release Page 3

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