Resignation And Release (Page 2 of 4) in pdf

incurred) of any nature whatsoever, known or unknown, suspected or unsuspected, which Employee has against

University to the date of resignation specified in this Agreement arising directly or indirectly out of Employee’s

employment with University, including, but not limited to, rights arising out of alleged violations of any

contract, express or implied, or any covenant of good faith and fair dealing, express or implied, or any tort, or

any federal, state, or other government constitution, statute, regulation, or ordinance, including, without

limitation, Title VII of the Civil Rights Act of 1964, as amended, The Civil Rights Act of 1991, The Civil

Rights Act of 1866, The Equal Pay Act, The Family Medical Leave Act, the Age Discrimination in

Employment Act of 1967 (ADEA), the Older Workers Benefit Protection Act (OWBPA), The Indiana Civil

Rights Law, all as amended, and any and all claims of whatever nature relating to Employee’s employment that

Employee now has or heretofore had or claimed to have against University. This release does not include any

claims that cannot by law be released through this Agreement, but the parties intend that it be construed as

broadly as lawfully possible. In addition, the parties acknowledge that this Agreement is not intended to (a)

prevent Employee from filing a charge or complaint including a challenge to the validity of this Agreement,

with the Equal Employment Opportunity Commission (EEOC); (b) prevent Employee from participating in any

investigation or proceeding conducted by the EEOC; or (c) establish a condition precedent or other barrier to

exercising these rights. While Employee has the right to participate in an investigation, he/she understands that

he/she is waiving his/her right to any monetary recovery arising from any investigation or pursuit of claim on

his/her behalf. Furthermore, Employee acknowledges that he/she has the right to file a charge alleging a

violation of the ADEA with any administrative agency and/or to challenge the validity of the waiver and release

of any claim that he/she might have under the ADEA without either: (a) repaying the amounts paid by the

University to him/her or on his/her behalf under this Agreement; or (b) paying to any entity any other monetary

amounts (such as attorney's fees and/or damages).

3.04

Exclusively as this Agreement pertains to Employee’s release of claims under the Age Discrimination in

Employment Act (ADEA), Employee, pursuant to and in compliance with rights afforded him/her under the

Older Workers Benefit Protection Act (OWBPA): (i) is advised to consult with his/her attorney prior to

executing this Agreement; (ii) is afforded a period of forty five (45) days within which to consider this

Agreement; and (iii) is afforded, for a period of seven (7) days following execution of the Agreement, the right

to revoke the waiver of claims under the ADEA, provided that if he/she exercises that right, University shall

have seven (7) days to revoke the remainder of this Agreement. To the extent Employee executes this

Agreement prior to the expiration of the forty five (45) calendar day period in (ii) above, Employee

acknowledges and agrees that he/she was afforded the opportunity to have a period of at least forty five (45)

calendar days to consider it before executing it and that his/her execution of this Agreement prior to the

expiration was a free and voluntary act.

3.05

Employee’s knowing and voluntary execution of this Agreement is an express acknowledgement and agreement

that he/she had the opportunity to review this Agreement with his/her attorney and that he/she agrees this

Agreement is written in a manner that enables him/her to fully understand its content and meaning.

3.06

This Agreement, as it pertains to a release of claims under the ADEA, shall become effective and enforceable

seven (7) days after its execution. All other provisions of this Agreement or parts thereof shall become

effective and enforceable upon execution. ANY REVOCATION MUST BE SENT VIA CERTIFIED U.S.

MAIL, ADDRESSED TO:

MaryFrances McCourt, Treasurer

Indiana University

Bryan Hall 114

Bloomington, Indiana 47405

WITH COPY TO:

Daniel Rives

Associate Vice President, University Human Resource Services

Indiana University

Poplars 165

Bloomington, Indiana 47405

AND POST-MARKED NO LATER THAN ON THE 8TH DAY FOLLOWING THE DATE OF

EMPLOYEE'S EXECUTION OF THIS AGREEMENT.

3.07

Employee agrees that University may deduct and withhold from payment(s) to be made to Employee under this

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Resignation And Release Page 2

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