Resignation And Release Page 4

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attorney’s fees, costs and necessary disbursements in addition to all other available relief related to the
enforcement of this Agreement. Furthermore, if any legal action or other proceeding is brought to enforce this
Agreement, the non-breaching party will be entitled to recover from the breaching party its reasonable attorneys'
fees, costs and necessary disbursements incurred in that action or proceeding, in addition to any other relief to
which such party or parties may be entitled. In addition, in the event Employee violates this Agreement by
suing any person or entity released herein for any claim released herein (other than one under the ADEA or the
OWBPA), Employee will promptly reimburse University all amounts paid by it to him/her and on his/her behalf
under this Agreement (less One Dollar ($1.00)), plus legal interest, and University shall be entitled to collect
same through legal process or otherwise from Employee and it shall be relieved of any obligation to Employee
under this Agreement. As to any actions, claims, or charges that would not be released because of the
revocation, invalidity, or unenforceability of this Agreement (other than one under the ADEA or the OWBPA),
Employee understands that the return of the amounts paid to him/her and on his/her behalf under this
Agreement (less One Dollar ($1.00)), with legal interest, is a prerequisite to asserting or bringing any such
claims, charges, or actions.
5.06
The person who signs on behalf of University represents and warrants that he/she has been duly empowered to
execute and deliver this Agreement as the act of University.
5.07
The provisions of this Agreement are severable and, if any part is found to be unenforceable, the other
paragraphs shall remain fully valid and enforceable.
5.08
This Agreement shall be governed by, and constructed pursuant to, the laws of the State of Indiana, and any
litigation arising out of this Agreement shall be venued in Monroe County, Indiana.
IN WITNESS WHEREOF, the parties have entered this Agreement and executed their signatures intending
each to be bound thereby,
THE TRUSTEES OF
EMPLOYEE
INDIANA UNIVERSITY
By:
_______________________________
MaryFrances McCourt, Treasurer
NAME
Date: _________________________
Date: __________________________
Address: ________________________
________________________________
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