Resignation And Release (Page 3 of 4) in pdf

Agreement amounts required to be withheld by state and federal law for income taxes, social security, and other

payroll taxes, as determined in good faith by University.

3.08

Employee may bring a complaint or legal action against University for the sole purpose of enforcing rights

under this Agreement.

3.09

Employee acknowledges that, as required by the ADEA and the OWBPA, University has provided him/her with

adequate notice of (accessible through the website

hr.iu.edu/erip

or copy upon request from the University

Human Resources office):

(i) the eligibility criteria for participation in the Plan, the categories of employees covered by the Plan, and the

time limits applicable for electing to participate in the Plan;

(ii) the job title and age of all employees eligible for the Plan; and

(iii) the job title and age of all full-time employees who are not eligible for the Plan, who are in the same job

title as eligible employees.

4. Agreements of University

4.01

In consideration of Employee’s resignation and surrender of all rights and in consideration of Employee's other

promises set forth in this Agreement, University will pay Employee a lump sum payment and other benefits in

accordance with the terms of the Plan.

4.02

Accompanying the check for the lump sum payment and any other taxable payments remitted under Section

4.01 will be an appropriate notation showing all amounts withheld for taxes and other deductions as required by

law.

5. Agreements of Both Parties

5.01

If either party experiences any unforeseen difficulties or questions concerning this Agreement, such party shall

seek to resolve such issues expeditiously and informally, if reasonably possible. If notice to University is

required, it shall be given to:

Daniel Rives

Associate Vice President, University Human Resource Services

Indiana University

Poplars 165

Bloomington, Indiana 47405

with copy to:

MaryFrances McCourt, Treasurer

Indiana University

Bryan Hall 114

Bloomington, Indiana 47405

If notice to Employee is required, it shall be given to Employee at the address set forth below.

5.02

This Agreement is the entire and only agreement on this subject between Employee and University and all prior

letters, oral statements, and other communications are merged into and replaced by this Agreement.

5.03

This Agreement is between University and Employee only and not for the benefit of any other party, except the

executor or other legal representative of Employee may enforce this Agreement in the event of death or legal

disability of Employee.

5.04

This Agreement may be executed in several counterparts, including fax and pdf counterparts, each of which and

all together shall be but one Agreement.

5.05

If the University fails to make the payment or provide the benefit to Employee on the due date(s) as set forth in

the Plan and such failure is the fault of University and continues for thirty (30) days after written notice of

default is served on the University by Employee, the University will pay all of Employee’s reasonable

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Resignation And Release Page 3

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