Further Understandings. This Agreement does not constitute and shall not be construed as an admission of guilt, liability, wrongdoing, or violation of any federal or state statute or regulation by the Agency or the Employee and is entered into solely to resolve the subject matter of this Agreement. This Agreement and any provided settlement hereunder is made solely in consideration of the covenants made herein and to avoid further cost and expense associated with the allegations and claims made by the Employee. This Agreement constitutes the entire understanding between the Parties and fully supersedes any and all prior agreements or understandings pertaining to the subject matter. No other oral or written terms or commitments exist between the Parties. This Agreement addresses unique circumstances and shall not serve as a precedent or past practice for resolving any other matter involving the Agency. If applicable, the Aggrieved Person/Complainant acknowledges that the Defense Finance and Accounting Services (DFAS) is a separate entity that administers payments and restores leave. The Agency exercises no control over, nor is the principle of, DFAS. The Agency will make all reasonable efforts within ( ) calendar days of the date on which the Employee executed this Agreement to submit to DFAS any paperwork necessary to process an administrative payment or restore leave; however, the Agency makes no representation concerning when DFAS will complete agreed upon payments or leave restoration, if any. The Employee shall be solely responsible for the payment of attorney fees and costs, if any, related to prosecution of complaints and other actions against the Agency referenced in paragraph 1. The Employee shall be solely responsible for the payment of all taxes, if any, attributable to this Agreement. The Agency makes no representations concerning the tax consequences of this Agreement. If a binding determination is made that any term(s) of this Agreement is/are unenforceable, such unenforceability shall not affect any other provisions of this Agreement, and the remaining terms of this Agreement shall, unless prohibited by law, remain effective as if such unenforceable provision(s) was/were never contained herein. The Employee enters into this Agreement voluntarily without duress or coercion. The Employee fully understands all the terms of this Agreement and is aware of the right to consult an attorney. Further, the Employee has not waived any rights or claims that may arise after this Agreement is executed or that the Employee is otherwise entitled.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Further Understandings. This Agreement does not constitute and shall not be construed as an admission of guilt, liability, wrongdoing, or violation of any federal or state statute or regulation by the Agency or the Employee Aggrieved Person/Complainant and is entered into solely to resolve the subject matter of this Agreement. This Agreement and any provided settlement hereunder is made solely in consideration of the covenants made herein and to avoid further cost and expense associated with the allegations and claims made by the EmployeeComplainant. This Agreement constitutes the entire understanding between the Parties and fully supersedes any and all prior agreements or understandings pertaining to the subject matter. No other oral or written terms or commitments exist between the Parties. This Agreement addresses unique circumstances and shall not serve as a precedent or past practice for resolving any other matter involving the Agency. If applicable, the The Aggrieved Person/Complainant acknowledges that it is a separate entity, the Defense Finance and Accounting Services (DFAS) is a separate entity ), that administers payments and restores leave. The Agency exercises no control over, nor is the principle of, DFAS. The Agency will make all reasonable efforts within ( ) calendar days of the date on which the Employee executed this Agreement to submit to DFAS any paperwork necessary to process an administrative payment or restore leave; however, the Agency makes no representation concerning when DFAS will complete agreed upon payments or leave restoration, if any. The Employee Aggrieved Person/Complainant shall be solely responsible for the payment of attorney fees and costs, if any, related to prosecution of discrimination complaints and other actions against the Agency referenced in paragraph 1. The Employee Aggrieved Person/Complainant shall be solely responsible for the payment of all taxes, if any, attributable to this Agreement. The Agency makes no representations concerning the tax consequences of this Agreement. This Agreement shall be made a part of the record of the Aggrieved Person/Complainant's above-referenced discrimination complaint(s) and remains enforceable under the jurisdiction of the EEOC following dismissal of this case. If a binding determination is made that any term(s) of this Agreement is/are unenforceable, such unenforceability shall not affect any other provisions provision of this Agreement, and the remaining terms of this Agreement shall, unless prohibited by law, remain effective as if such unenforceable provision(s) was/were never contained herein. This Agreement may not be amended or modified except by a writing signed by all Parties. Further, the Parties agree and acknowledge no presumption or conclusion of any kind shall be drawn against the drafter(s) of this Agreement. The Employee Parties also agree and acknowledge that both the Complainant and the Agency contributed to the final version of this Agreement through comments and negotiations. The Aggrieved Person/Complainant enters into this Agreement voluntarily without duress or coercion. The Employee Aggrieved Person/Complainant fully understands all the terms of this Agreement and is aware of the right to consult an attorney. Further, the Employee Aggrieved Person/Complainant has not waived any rights or claims that may arise after this Agreement is executed or that the Employee Aggrieved Person/Complainant is otherwise entitled.. This Agreement shall be effective upon the date of the last required signature identified below. FOR THE AGGRIEVED PERSON/COMPLAINANT: ___________________________________ __________________________ Aggrieved Person/Complainant’s Name Date ___________________________________ __________________________ Representative's Name (if any) Date FOR THE DEPARTMENT: ___________________________________ __________________________ Authorized Agency Official’s Name Date REQUIRED LEGAL SUFFICIENCY REVIEW BY AGENCY COUNSEL Please note that OGC review of this Agreement is only as to its form and legality. The OGC attorney whose signature appears below makes no representations as to the advisability or appropriateness of the settlement terms contained herein. ___________________________________ __________________________ Counsel for the Agency Date Signers' Initials ______ ______ ______ ______
Appears in 1 contract
Samples: Settlement Agreement
Further Understandings. This Agreement does not constitute and shall not be construed as an admission of guilt, liability, wrongdoing, or violation of any federal or state statute or regulation by the Agency or the Employee and is entered into solely to resolve the subject matter of this Agreement. This Agreement and any provided settlement hereunder is made solely in consideration of the covenants made herein and to avoid further cost and expense associated with the allegations and claims made by the Employee. This Agreement constitutes the entire understanding between the Parties and fully supersedes any and all prior agreements or understandings pertaining to the subject matter. No other oral or written terms or commitments exist between the Parties. This Agreement addresses unique circumstances and shall not serve as a precedent or past practice for resolving any other matter involving the Agency. If applicable, the Aggrieved Person/Complainant The Employee acknowledges that it is a separate entity, the Defense Finance and Accounting Services (DFAS) is a separate entity ), that administers payments and restores leave. The Agency exercises no control over, nor is the principle of, DFAS. The Agency will make all reasonable efforts within ( ) calendar days of the date on which the Employee executed this Agreement to submit to DFAS any paperwork necessary to process an administrative payment or restore leave; however, the Agency makes no representation concerning when DFAS will complete agreed upon payments or leave restoration, if any. The Employee shall be solely responsible for the payment of attorney fees and costs, if any, related to prosecution of complaints and other actions against the Agency referenced in paragraph 1. The Employee shall be solely responsible for the payment of all taxes, if any, attributable to this Agreement. The Agency makes no representations concerning the tax consequences of this Agreement. If a binding determination is made that any term(s) of this Agreement is/are unenforceable, such unenforceability shall not affect any other provisions of this Agreement, and the remaining terms of this Agreement shall, unless prohibited by law, remain effective as if such unenforceable provision(s) was/were never contained herein. The Employee enters into this Agreement voluntarily without duress or coercion. The Employee fully understands all the terms of this Agreement and is aware of the right to consult an attorney. Further, the Employee has not waived any rights or claims that may arise after this Agreement is executed or that the Employee is otherwise entitled.. This Agreement shall be effective upon the date of the last required signature identified below. FOR THE EMPLOYEE: ___________________________________ __________________________ Employee’s Name Date ___________________________________ __________________________ Representative's Name (if any) Date FOR THE DEPARTMENT: ___________________________________ __________________________ Management Official’s Name Date ___________________________________ __________________________ Representative's Name (if any) Date REQUIRED LEGAL SUFFICIENCY REVIEW BY AGENCY COUNSEL Please note that OGC review of this Agreement is only as to its form and legality. The OGC attorney whose signature appears below makes no representations as to the advisability or appropriateness of the settlement terms contained herein. ___________________________________ __________________________ Counsel for the Agency Date
Appears in 1 contract
Samples: Settlement Agreement
Further Understandings. This Agreement does not constitute and shall not be construed as an admission of guilt, liability, wrongdoing, or violation of any federal or state statute or regulation by the Agency or the Employee Aggrieved Person/Complainant and is entered into solely to resolve the subject matter of this Agreement. This Agreement and any provided settlement hereunder is made solely in consideration of the covenants made herein and to avoid further cost and expense associated with the allegations and claims made by the EmployeeComplainant. This Agreement constitutes the entire understanding between the Parties and fully supersedes any and all prior agreements or understandings pertaining to the subject matter. No other oral or written terms or commitments exist between the Parties. This Agreement addresses unique circumstances and shall not serve as a precedent or past practice for resolving any other matter involving the Agency. If applicable, the The Aggrieved Person/Complainant acknowledges that it is a separate entity, the Defense Finance and Accounting Services (DFAS) is a separate entity ), that administers payments and restores leave. The Agency exercises no control over, nor is the principle of, DFAS. The Agency will make all reasonable efforts within ( ) calendar days of the date on which the Employee executed this Agreement to submit to DFAS any paperwork necessary to process an administrative payment or restore leave; however, the Agency makes no representation concerning when DFAS will complete agreed upon payments or leave restoration, if any. The Employee Aggrieved Person/Complainant shall be solely responsible for the payment of attorney fees and costs, if any, related to prosecution of discrimination complaints and other actions against the Agency referenced in paragraph 1. The Employee Aggrieved Person/Complainant shall be solely responsible for the payment of all taxes, if any, attributable to this Agreement. The Agency makes no representations concerning the tax consequences of this Agreement. This Agreement shall be made a part of the record of the Aggrieved Person/Complainant's above-referenced discrimination complaint(s) and remains enforceable under the jurisdiction of the EEOC following dismissal of this case. If a binding determination is made that any term(s) of this Agreement is/are unenforceable, such unenforceability shall not affect any other provisions of this Agreement, and the remaining terms of this Agreement shall, unless prohibited by law, remain effective as if such unenforceable provision(s) was/were never contained herein. This Agreement may not be amended or modified except by a writing signed by all Parties. Further, the Parties agree and acknowledge no presumption or conclusion of any kind shall be drawn against the drafter(s) of this Agreement. The Employee Parties also agree and acknowledge that both the Complainant and the Agency contributed to the final version of this Agreement through comments and negotiations. The Aggrieved Person/Complainant enters into this Agreement voluntarily without duress or coercion. The Employee Aggrieved Person/Complainant fully understands all the terms of this Agreement and is aware of the right to consult an attorney. Further, the Employee Aggrieved Person/Complainant has not waived any rights or claims that may arise after this Agreement is executed or that the Employee Aggrieved Person/Complainant is otherwise entitled.. Notice under the Age Discrimination in Employment Act (“ADEA”) and the Older Workers Benefit Protection Act (“OWBPA”): The Aggrieved Person/Complainant has thoroughly reviewed the entire Agreement and understands its provisions; The Aggrieved Person/Complainant has not waived any rights or claims that may arise after the date this Agreement is signed; The Aggrieved Person/Complainant has not waived any rights or claims to benefits to which he or she is entitled; The Aggrieved Person/Complainant has the right to consult with an attorney prior to signing the Agreement; The Aggrieved Person/Complainant has a period of twenty-one (21) calendar days to consider the Agreement; The Aggrieved Person/Complainant will have seven (7) calendar days following the signing of this Agreement to revoke the Agreement, by delivering written revocation to Agency counsel, and the Agreement will not become effective or enforceable until the seven-day revocation period has expired; and The Aggrieved Person/Complainant’s relinquishment of these claims and rights is specifically conditioned upon the Agency’s performance of the actions set forth herein. This Agreement shall be effective upon the last required signature identified below or upon expiration of the revocation period, whichever is later. FOR THE AGGRIEVED PERSON/COMPLAINANT: ___________________________________ __________________________ Aggrieved Person/Complainant’s Name Date ___________________________________ __________________________ Representative's Name (if any) Date FOR THE DEPARTMENT: ___________________________________ __________________________ Authorized Agency Official’s Name Date REQUIRED LEGAL SUFFICIENCY REVIEW BY AGENCY COUNSEL Please note that OGC review of this settlement agreement is only as to its form and legality. The OGC attorney whose signature appears below makes no representations as to the advisability or appropriateness of the settlement terms contained herein. ___________________________________ __________________________ Counsel for the Agency Date Signers' Initials ______ ______ ______ ______
Appears in 1 contract
Samples: Settlement Agreement
