1. law, govt and politics

Phillip B. Linder, Esq., LLC
1676 Route 27, 2 nd Floor
Edison, New Jersey 08817
Telephone No.: (732) 777-0444
Fax No.: (732) 777-0445
Attorneys for Plaintiff(s),
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: UNION COUNTY
DOCKET NO.:
Plaintiff(s),
JOHN YOUNG,
Civil Action
vs.
FIRST AMENDED COMPLAINT & JURY
DEMAND
Defendant(s),
HILLSIDE BOARD OF
EDUCATION; SUPERINTENDENT,
THOMAS M. KANE; BUSINESS
ADMINISTRATOR AND BOARD
SECRETARY, KENNETH R.
WEINHEIMER; BOARD MEMBERS
ANGELA MENZA, GEORGE
COOK, NANCY MONDELLA,
NATALIE SCOTT, ROBERT
TROTTE, RAYBA WATSON,
NATHALIE YAFET, SHELBY
ROBINSON, and DANIEL SANTOS;
JOHN/JANE DOES (1-50) AND ABC
CORP. (1-20) (fictitious parties whose
identities are not now known).
Plaintiff, John Young, residing in Essex County, New Jersey, by way of this Complaint,
through his attorney, does hereby allege as follows:
STATEMENT OF FACTS
1. Defendant, Hillside Board of Education, whose form of business organization (i.e.partnership, corporation, LLC, etc.) is unknown, through its individual Board Members for the
2010-11 school year, who are believed to be defendants, Angela Menza, George Cook, Nancy
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Mondella, Natalie Scott, Robert Trotte, Rayba Watson, Nathalie Yafet, Shelby Robinson and
Daniel Santos, and also by employees, Superintendent, Thomas E. Kane; Business Administrator
and Board Secretary, Kenneth R. Weinheimer, were at all times referenced herein the plaintiff,
John Young's, employer and/or supervisor/boss. Furthermore, when referencing the defendant,
Hillside Board of Education, plaintiff is including its individual Board Members listed above.
Plaintiff believes that if any of these individual Board Members were not Board Members during
the 2010-11 school year, they will be dismissed upon proof by defendant Board as to which
individuals were Board Members for this period and the proper Board Members will be added to
the Complaint either as amending the improperly named ones or for John/Jane Doe (1-5).
2. Defendants, Thomas M. Kane (hereinafter referred to as "Kane"), Kenneth R.
Weinheimer (hereinafter referred to as "Weinheimer"), Angela Menza (hereinafter referred to as
"Menza"), George Cook (hereinafter referred to as "Cook"), Nancy Mondella (hereinafter
referred to as "Mondella"), Natalie Scott (hereinafter referred to as "Scott"), Robert Trotte
(hereinafter referred to as "Trotte"), Rayba Watson (hereinafter referred to as "Watson"),
Nathalie Yafet (hereinafter referred to as "Yafet"), Shelby Robinson (hereinafter referred to as
"Robinson"), Daniel Santos (hereafter referred to as "Santos"), and John/Jane Does (1-25), were
at all times referenced herein were Board Members, agents, servants and/or employees of
defendant, Hillside Board of Education (hereinafter referred to as "Board") during the 2009-10
and 2010-11 school years. These individually named defendants held upper management
positions, and were responsible for employment staffing and/or supervising as it related to the
plaintiff and his job title. Specifically, defendant Kane was the Superintendent of the Hillside
School District and defendant Weinheimer was the Business Administrator and Board Secretary
for the Hillside School District.
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3. ABC Corp. (1-20) were companies or entities doing business with defendant Board at
all times referenced herein, and on their own or through Board and/or Board's agents, servants
and/or employees were involved in the policies, guidelines, actions and/or customs that resulted
in the discrimination and/or retaliation against the plaintiff and his ultimate separation from his
employment with the Board.
4.
Defendants, Kane, Weinheimer, Menza, Cook, Mondella, Scott, Trotte, Watson,
Yafet, Robinson, Santos, and John/Jane Does (1-50), at all times herein were members, agents,
servants and/or employees of defendant Board and/or ABC Corp. (1-20). Defendants Kane,
Weinheimer, Menza, Cook, Mondella, Scott, Trotte, Watson, Yafet, Robinson, Santos, and
John/Jane Does (1-25), at all times herein were involved in the decision making and/or
implementation of the policies, practices and/or guidelines used by defendant Board and its
employees, which resulted in the discrimination and/or retaliation of the plaintiff, John Young,
and the ultimate termination from his employment with the Board.
5. Plaintiff had been employed by defendant Board since the 2008-09 school year as the
Board's first Head of Security and Student Safety. Prior to that the security officers were under
the supervision of the building's administration. Plaintiff reported directly to Weinheimer.
There were approximately 16 security officers in the department, all of whom the plaintiff
supervised. Of these 16 security officers, 15 of them were non-white. Many of the non-white
security officers were openly disapproving of any direction or control that the plaintiff tried to
assert over his department. These disapproving security officers displayed numerous acts of
insubordination and failure to properly fulfill their job responsibilities, which resulted in the
plaintiff having to address this in various ways, including one on one discussions and
reprimands. All of this was reported by the plaintiff to Weinheimer. In November 2010,
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Weinheimer instructed the plaintiff to meet with the District's Head of Secondary Education,
Zende Clark, who is African American, which he did, in order for that person to discuss and
relay a message about what was going on in the security department. During that meeting, the
plaintiff was told that the security officers, most of whom were young African American males
were not comfortable with having a white boss, let alone a white boss who had prior law
enforcement experience. In another instance, April Lowe, who is African American and was a
school principal in the Hillside District, sided with one of the African American security guards,
who was being insubordinate and disruptive towards the plaintiff, during a meeting, at which all
three were present, where the plaintiff was notifying the security office of a reprimand that the
plaintiff had given him. Ms. Lowe complained to the defendants about the plaintiff, but her
complaint was baseless, and plaintiff informed the defendants that her problem with him was that
he was white and he was in charge of a department of almost all African American individuals.
Ms. Lowe, on her facebook page admitted to liking certain groups simply because they were
headed by a "black" individual. All of the above was relayed to the defendants either
individually or through Weinheimer.
6.
In another instance, security officers Shuler and Davis, both of whom are African
American, and the plaintiff were all involved in trying to restrain A
Ate an African,
American student, who was acting out of control and putting the plaintiff and others in fear for
their safety. Despite acting with the appropriate degree of professionalism and force, the matter
was investigated by New Jersey Department of Children and Families (NJDCF) because of a
complaint made but not by the A family. On July 29, 2010, the NJDCF determined that the
allegations of improper action by the plaintiff were unfounded and relayed these findings to the
defendants.
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8.
The defendants were afraid of the possibility that various non-white employees and/or
students were going to continue to cause problems for the defendants if they did not
terminate/non-renew the plaintiff, because these employees and/or students were at odds with the
plaintiff because he was white, and they were not. These officers and employee(s) voiced
complaints about the plaintiff, which were not based upon fact, but instead, they were based
upon race with the intent of trying to get the defendants to terminate the plaintiff because he is
white. Plaintiff informed the defendants and the Board's administration about the real reasons
for the complaints.
9.
Despite the baseless complaints of the AM family, defendant Kane conducted his
"own investigation", the details of which have never been made known, and defendant Kane
came to his own conclusion that the plaintiff had used excessive force with respect to A
AMU This conclusion by defendant Kane was based solely on the fact that the plaintiff is
white and AM is African-American, and was one of the pretexts offered by Kane and the
Board to try and justify their termination of his employment. Likewise, defendants Kane and
Board used the unfounded complaints of those security officers and other employees referenced
in the preceding paragraph to claim, as yet another pretext, that the plaintiff was not proficient at
supervising his staff and working well with other employees. All of these claims were nothing
more than the defendants trying to establish a pretext for the real reason that they terminated the
plaintiff, which was the fact that he is white. At the same time, defendant Kane did not come to
the conclusion that either security officers Shuler or Davis acted improperly or used excessive
force with respect to their involvement in the same situation even though Davis was doing the
exact same thing that the plaintiff was to try and restrain AM.
5
10.
On a number of other occasions, the defendants demonstrated their failure to support the
plaintiff's recommendations or position, and this lack of support was based upon the fact that
the plaintiff was white and the others involved were African American. Some of these incidents
were as follows:
A.
On 6/21/2010, Plaintiff investigated an incident of excessive force involving a juvenile
student at the middle school and a security officer Keith Johnson, who is African American. The
results of plaintiff's investigation showed that the security officer did use excessive force. The
findings were reported to school officials Zende Clark, who is African American, Ken
Weinheimer and Thomas Kane but no action was taken against the security officer.
B.
On 7/20/2010, Plaintiff notified Principal Lowe at the middle school in regards to a
security officer who violated policy in regards to calling out sick. The principal failed to take any
action against the security officer Corey Batts, who was African American.
C.
On 8/3/2010, plaintiff arranged a meeting with Principal Lowe and Corey Batts in regards
to subsequent violations of school policy and procedure. During the meeting Batts became
insubordinate. The meeting was terminated after Principal Lowe failed to take any corrective
action in regards to his behavior, and condoned it.
D.
On 8/3/2010, Plaintiff recommended that the defendants transfer of a problem security
officer Ron Shuler, who is African American, from the High School to one of the other schools.
The transfer was denied at the time, but he was transferred after my termination.
11.
On April 8, 2011, plaintiff was notified that he was being relieved of his duties, and his
employment from the position of Head of Security and Student Safety would end on June 30,
2011.
P.
Plaintiff is a white male.
6
13.
Plaintiff's position was subsequently filled by a Non-White person, who is believed to be
African-American.
14.
The defendants, being fearful of the backlash that they anticipated from the non-white
employees, who had made unfounded and false claims about the plaintiffs, as well as not
supporting the plaintiff in his decisions as they related to African American emplyees, terminated
the plaintiff because of his race.
15. At all times referenced herein, plaintiff, John Young, was performing his job at a level that
met or exceeded defendants' legitimate expectations.
16. At all times referenced herein, plaintiff, John Young, had performed and/or satisfied all
conditions precedent to his continued employment.
COUNT ONE
(NJLAD)
1. Plaintiff, John Young, hereby repeats and realleges all allegations contained in the
Statement of Facts above and makes the same a part hereof as if fully set forth herein.
2. Despite plaintiff, John Young's, ability to perform his job at a satisfactory level,
defendants terminated/non-renewed John Young from his position as Head of Security and
Student Safety.
3. Defendants' decision to terminate/non-renew the plaintiff was because of his race, and
any other reason given by the defendants, even if determined to be a legitimate business reason,
was merely a pretext in order to hire a Non-White individual to replace the plaintiff
4. Defendants hired a Non-White individual to replace the plaintiff.
5. Defendants, by committing the above acts violated the plaintiff, John Young's, rights
7
as protected under the New Jersey Law Against Discrimination ("NJLAD") at N.J.S.A. 10:5-1 et
seq.
6. As a direct and proximate result of the defendants' discrimination, plaintiff was
caused and continues to suffer damages, including but not limited to loss of wages, employment
benefits, retirement benefits, pain and suffering in the form of mental anguish and other
economic and non-economic damages.
7. The Board is liable for the actions of the individual defendants, as at all times
referenced herein these defendants were acting as the agents, servants and/or
employees of the Board.
WHEREFORE, plaintiff, John Young, demands judgment against the defendant Board:
A.
For compensatory and consequential damages encompassing by not by way of
limitation, loss of income, loss of bonuses and employee benefits;
B.
For pain and suffering;
C.
Emotional distress;
D.
Punitive damages;
E.
Reinstatement;
F.
Attorneys' fees, interest and costs of suit; and
G.
Any other relief which the Court deems just and equitable.
COUNT TWO
(AIDING & ABETTING)
1. Plaintiff, John Young, repeats and realleges all allegations contained in the Statement
of Facts and Count One as if set forth at length herein.
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2. Defendants, Kane, Weinheimer, Menza, Cook, Mondella, Scott, Trotte, Watson, Yafet,
Robinson and Santos, aided and abetted the Board in its discrimination against plaintiff, John
Young, in violation of N.J.S.A. @ 10:5-12(e). Specifically, the Board endorsed a policy of
making the decision of terminating the plaintiff based upon his race, and this was effectuated by
the actions of the these individual defendants, who provided poor performance evaluations of the
plaintiff not based upon fact but based upon his race and the race/ethnicity of the individual
referenced in the Statement of Facts.
3. As a result of the foregoing unlawful action(s) on the part of defendants, Kane,
Weinheimer, Menza, Cook, Mondella, Scott, Trotte, Watson, Yafet, Robinson and Santos,
the plaintiff, John Young, has suffered, and will continue to experience, a loss of income and
benefit.
4. In addition, the plaintiff, John Young, has suffered, and will continued to experience,
extreme emotional distress necessitating medical treatment and medication, with physical
sequelae thereof, as well as other adverse effects upon his daily, social and family life.
5. Defendants', Kane, Weinheimer, Menza, Cook, Mondella, Scott, Trotte, Watson,
Yafet, Robinson and Santos, conduct was egregious, willful, wanton and/or in reckless disregard
of the plaintiff, John Young's, rights, warranting the imposition of punitive damages.
WHEREFORE, the plaintiff, John Young, demands judgment against defendants,
Board, Kane, Weinheimer, Menza, Cook, Mondella, Scott, Trotte, Watson, Yafet, Robinson and
Santos, awarding him compensatory damages, including front and back pay and benefits,
emotional distress damages, punitive damages, and attorney's fees, costs of suit, and any other
relief the Court may deem just and appropriate under the circumstances.
9
PHILLIP B. LINDER, ESQ., LLC
Attorneys for Plaintiff(s), John Youn
By:
PHILLIP B. LINDER, E
Dated: August 14, 2013
DEMAND FOR TRIAL BY JURY
The plaintiff demands a trial by jury as to all issues in this matter.
CERTIFICATION
I hereby certify that this matter is not the subject of any other action pending in any court
or a pending arbitration or proceeding, nor is any other action or arbitration contemplated. All
parties known to plaintiff who have been joined in this action have been joined.
I certify that confidential personal identifiers have been redacted from documents now
submitted to the court, and will be redacted from all documents submitted in the future in
accordance with Rule 1:38-7(b).
PHILLIP B. LINDER,-E - , ► LC
Attorneys for 13,1air
itiff(s.), J. •
ung
P111_,I.IP-K-LINDER, ESQ.
Dated: August 14, 2013
DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:25-4, Phillip B. Linder, Esq. has been designated as trial counsel for
the plaintiff.
PHILLIP B. LINDER,
Attorney
PHI
, LLC
ounce
. LINDER, ESQ.
Dated: August 14, 2013
10
SETTLEMENT AGREEMENT AND GENERAL RELEASE IN FULL
SETTLEMENT AGREEMENT
AGREEMENT AND
GENERAL RELEASE
RELEASE IN FULL
FULL
THIS SETTLEMENT
THIS
AND GENERAL
("Agreement") is made
made this
this alit
~~~f day of
of August
August 2014,
2014, by and
and between
between John
John Young
Young ("Plaintiff')
("Plaintiff')
and the Hillside Board of
of Education ("Board"),
("Board"),and
andthis
thissettlement
settlementisison
onbehalf
behalfofofthe
theBoard
Boardand
and
all
individual Defendants,
Defendants, namely:
namely: Superintendent
Superintendent Dr.
Thomas M.
M. Kane,
Kane,Business
Business
all individual
Dr. Thomas
Weinheimer, and Board
Board members
members George
George Cook,
Cook,
Administrator/Board Secretary
Administrator/Board
Secretary Kenneth
Kenneth R.
R. Weinheimer,
Angela Menza, Nancy Mondella,
Mandella, Shelby
Shelby Robinson, Daniel
Daniel Santos,
Santos, Natalie
Natalie Scott,
Scott, Robert
Robert Trotte,
Trotte,
Rayba
Watson, and
and Nathalie
Nathalie Yafet
Yafet(hereinafter
(hereinaftercollectively
collectively"Individual
''IndividualDefendants").
Defendants"). For
For
Rayba Watson,
purposes of this Agreement,
Agreement, the
the term
term "Board
"Board Defendants"
Defendants" includes
includes the
the Board
Board(which
(whichisisalso
also
purposes
Hillside Public
Public Schools),
Schools), as well
well as
as its
itspast
pastand
andpresent
presentofficers
officersand
andemployees,
employees,
known
known as
as Hillside
members, agents, attorneys, insurers,
insurers, successors,
successors, assigns,
assigns, trustees,
trustees, receivers,
receivers,heirs,
heirs,offices
officesand
and
members,
departments,
of this
this Agreement,
Agreement, Plaintiff
Plaintiffand
and the
the
departments, and
and Individual
Individual Defendants.
Defendants. For the purpose of
Board
are sometimes
sometimes hereinafter
hereinafter collectively
"Parties" and
and each
each may
maybebe
Board are
collectively referred
referredto
to as
as the "Parties"
referred to severally as a "Party."
"Party."
WHEREAS, Plaintiff
action entitled
entitled John
Young v.
v. Hillside
Hillside Board
Board of
of
Plaintiff brought
brought an
an action
John Young
Education,
civil action
action which
which was
was filed
filed in
in the
theSuperior
Superior Court
Court of
ofNew
NewJersey,
Jersey,bearing
bearing
Education, et
et al.,
al., a civil
"theAction");
Action");and
and
Docket No.
(hereinafter "the
No. UNN-L-1275-13 (hereinafter
WHEREAS, Board Defendants deny
deny the
the allegations
allegations made
made in
inthe
theAction;
Action;and
and
Parties intend
intend to
to adopt,
adopt, by
by way
way ofofcompromise
compromiseand
andaccord,
accord,without
without
WHEREAS, the Parties
adjudication
of fact or law
law and
and without
without any
any admission
admission of
ofliability,
liability, all
all claims
claims which
which
adjudication of any issues of
were either raised or which
which could
could have
have been
been raised
raised ininthe
theAction,
Action,which
whichclaims
claimsare
aremore
morefully
fully
were
described below; and
and
11
WHEREAS, the Parties
Parties mutually
mutually agree
agree that the
the Board
Board and
and its
its insurer
insurer shall
shallmake
makea a
WHEREAS,
Plaintiffin
in exchange
exchangefor
foraafull
fullrelease
releaseofofall
allclaims
claimsasasset
setforth
forthininthis
thisAgreement;
Agreement;
payment to Plaintiff
THEREFORE,ininconsideration
consideration of
ofthe
theforegoing
foregoing and
and of
ofthe
themutual
mutualagreements
agreements
NOW THEREFORE,
Partiesmutually
mutuallyagree
agreeasasfollows:
follows:
contained herein, and
and intending
intending to
to be
belegally
legallybound,
bound,the
theParties
1.
1.
RECITALS
The above recitals are
are hereby
herebyreferred
referredto
toand
andincorporated
incorporatedby
byreference.
reference.
2.
SCOPE OF AGREEMENT
This Agreement
Agreement sets forth
forth the
the terms
terms and
and conditions
conditions under
under which
whichthe
theParties
Partiesmutually
mutually
This
the following
following claims:
claims:
agree to resolve the
(a)
claims in
in the
the Action
Action (including
(including but
butnot
notlimited
limitedtotoallallclaims,
claims,counterclaims,
counterclaims,
(a) all
all claims
and third-party
third-party claims,
claims, including
including any
any claim
claim against
againstany
any
amended claims, cross-claims and
of the
the Board
Boardand
and
current or former
former employee,
employee, agent,
agent, member
member or
or representative
representative of
current
specifically including claims for attorneys'
attorneys' fees
fees and
and costs)
costs) which
whichwere
wereraised
raisedor
orcould
could
whether in
in the
the Action,
Action, by
by post-judgment
post-judgment motion
motion in
inthe
theAction
Actionor
orby
by
have been raised, whether
subsequent
action.
subsequent action.
It is the
the Parties'
Parties' mutual
mutual intention
intention to
tosettle
settle(through
(through this
this Agreement)
Agreement) all
all claims
claims as
asspecified
specifiedinin
subpart
immediately above,
above, except as
as specified
specified in
in paragraphs
paragraphs 2(b) and
and 2(c)
2(c) herein.
herein. As
As aa
subpart (a) immediately
result,
claims specified
specified in
in subpart
subpart (a)
(a) immediately
immediately above
above are
arehereinafter
hereinafter referred
referred totoand
and
result, all
all claims
"Settled Claims."
Claims." The
The Parties
Parties specifically
specifically agree
agree that
thatthere
thereare
areno
noclaims
claimswhich
which
defined
defined as
as the "Settled
have been raised or
or could
could have
have been
beenraised
raisedby
bythem
themtotodate
dateagainst
againsteach
eachother
otherininthe
theAction
Actionother
other
Claims and
and the
the claims
claims set
setforth
forth in
inparagraphs
paragraphs2(b)
2(b)and
and2(c).
2(c).
than the Settled Claims
Parties do
do recognize
recognize there
there may
may be
be other
other claims
claims which
which this
thisAgreement
Agreement does
does not
not
The Parties
The
resolve, which
are:
which are:
2
(b)
claims,
breach of
of this
this Agreement.
Agreement. As
As aa result,
result, the
the claims
claims
claims, if any, arising from the breach
specified in subparts (b)
(b) are
are specifically
specificallyexcluded
excludedfrom
fromthe
theSettled
SettledClaims.
Claims.
In full compromise
compromise of
of the
the Settled
Settled Claims
Claims and
and ininconsideration
consideration for
forthe
theRelease
Releaseasasmore
more
fully set forth at paragraph
paragraph 55 below,
below, the
the Board
Boardand
andits
itsinsurer
insurerwill
willmake
makepayment
paymenttotoPlaintiff
Plaintiffasas
set forth in paragraph
paragraph 33 below.
below.
3.
PAYMENT
The
its insurer
insurer shall
shall pay
pay Plaintiff
Plaintiffthe
the total
total sum
sumofofOne
OneHundred
HundredThousand
Thousand
The Board and its
Dollars ($100,000.00), which
which payment
payment shall
shall constitute
constitutefull
fullconsideration
considerationfor
forthe
theexecution
executionofofthis
this
Agreement and any
any other
other documents
documents necessary
necessary to
toresolve
resolveand
andcompromise
compromisethe
theSettled
SettledClaims,
Claims,
prejudice. This
This payment
payment isis given
given in
in full
full payment
paymentand
andsatisfaction
satisfactionfor
forall
all
with finality and with prejudice.
alleged
limited to,
to, all
allclaims
claimsagainst
againstthe
theBoard
BoardDefendants
Defendantsfor
for
alleged damages
damages including,
including, but
but not limited
compensatory
injury, personal
personal injury,
injury, emotional
emotional distress
distress damages,
damages, punitive
punitive
compensatory damages,
damages, bodily
bodily injury,
damages, attorneys'
fees and
andlitigation
litigationcosts
costsallegedly
allegedlyincurred
incurredby
byPlaintiff.
Plaintiff.
attorneys' fees
The settlement
settlement proceeds
$100,000.00 will
three checks.
checks. The
The sum
sum of
of
The
proceeds of
of $100,000.00
will be
be paid
paid in
in three
$74,236.12
issued to John.
John Young,
$20,763.88 shall
issued to
to Philip
Philip B.
B.
$74,236.12 will
will be
be issued
Young, the
the sum
sum of $20,763.88
shall be issued
Linder,
of $5,000.00
$5,000.00 payable
payable to John
John Young
Young will
will be
be held
held in
inescrow
escrowby
byACE
ACE
Linder, Esq.,
Esq., and the sum of
inquiry into
into Plaintiffs
Plaintiffs
North America
America Claims-Professional
Claims-Professional Risk
North
Risk pending
pendingthe
the outcome
outcome of
of an inquiry
Medicare
issue 1099
1099 forms
forms inin conjunction
conjunction with
withthese
thesepayments.
payments.
Medicare eligibility.
eligibility. The
The Board
Board shall issue
Plaintiff
responsible for
paying taxes,
any, due
due on
on this
this sum.
sum. The
TheBoard
Boardmakes
makes no
no
Plaintiff will
will be responsible
for paying
taxes, if any,
tax consequences
consequences of
ofthe
thepayment
paymentreferred
referredtotoherein
hereinand
andshall
shallassume
assumeno
no
representations as to the tax
responsibility for any tax liability
liability attributed
attributed to
to Plaintiff.
Plaintiff. Plaintiff
Plaintiffagrees
agrees to
topay
payany
anyand
andall
alltaxes
taxes
responsibility
found
be owed
owed from
from the
thepayment
paymentmade
madepursuant
pursuanttotothis
thisAgreement.
Agreement.The
Theaforementioned
aforementioned
found to be
30days
daysafter
afterBoard
Board
checks
escrow) will
will be
be issued
issued no
no later
later than
than30
checks (except
(except the
the sum
sum held
held in escrow)
33
Plaintiff provides
provides aa signed
signed copy
copy of
ofthis
this Agreement
Agreement to
to the
the Board
Board Defendants'
Defendants'
Approval, as long as Plaintiff
Plaintiffagrees
agrees to
to indemnify
indemnify and
andhold
holdthe
theBoard
Boardharmless
harmlessfrom
from
attorney before Board approval. Plaintiff
assessments, demands, taxes, penalties and interest
interest owed, or
or found
found to
to be
be owed,
owed, as
asaa
any claims, assessments,
result of
of any payment
payment made
made pursuant
pursuantto
tothis
thisAgreement.
Agreement.
Except
as otherwise
otherwise provided
provided in
this Agreement,
Agreement, it is
is further
further understood
understood that as
as aa
Except as
in this
settlement, all claims
claims and/or
and/or liens,
liens, past,
past, current
current or
or future
future arising
arising out
outof
ofthis
this
condition
condition of this settlement,
ofthis
this settlement
settlement are
aretotobebesatisfied
satisfiedbybyPlaintiff,
Plaintiff,
settlement
asserted against the proceeds
proceeds of
settlement or
or asserted
including
limited to
to any
anyMedicare
Medicare ororMedicaid
Medicaid claims
claims and/or
and/orliens,
liens,workers'
workers'
including but
but not
not limited
Social Security
Security claims
claims and/or
and/or liens,
liens,hospital/health
hospital/healthcare
care
compensation
liens, Social
compensation claims
claims and/or
and/or liens,
insurer
and/or liens, physician
physician or
or attorney
attorney claims
claims and/or
and/or liens,
liens, or
orany
anyofofthe
thestatutory,
statutory,
insurer claims
claims and/or
equitable,
claims and/or
and/or liens,
liens, including
including but not
not limited
limited to
to any
anyclaim
claim
equitable, common
common law or judgment claims
Plaintifftherefore
thereforeagrees,
agrees,upon
upon
and/or lien based on
on subrogation
subrogation or
orany
anylegal
legalor
orequitable
equitabletheory.
theory.Plaintiff
such claims
claims and/or
and/or liens,
liens, totodefend
defendthe
theBoard
BoardDefendants
Defendantsand
and
prompt
prompt presentation
presentation of
of any such
Releasees (as defined herein) against
against any
any such
such claims
claims and/or
and/or liens
liens and
and to
to indemnify
indemnifyand
andhold
holdthe
the
Releasees harmless
harmless against
againstany
anyjudgment
judgmententered
enteredagainst
againstPlaintiff
Plaintiffbased
based
Board Defendants and Releasees
ofany
any fines,
fines, charges
charges and
and attorney's
attorney'sfees
feesand
and
on such claims and/or liens, including
including the
the payment
payment of
of any
any such
such lien.
lien. Failure
Failure to
to satisfy
satisfyany
anysuch
suchlien
lienshall
shallbe
beconsidered
consideredaa
costs incurred
incurred as a result of
Agreement and
and Plaintiff
Plaintiffagrees
agrees to
topay
payall
allcosts,
costs,interest
interestand
andattorney's
attorney'sfees
feesrelative
relative
breach of this Agreement
to any such lien.
4.
NO ADMISSION OF LIABILITY
LIABILITY
Agreement is a result
result of
of aa compromise
compromise and
and accord
accord to
to buy
buy the
the Parties'
Parties' peace.
peace. ItItisis
This Agreement
in this
this Agreement
Agreement isis intended
intendedto
tobe,
be,nor
nor
expressly
nothing contained
contained in
expressly understood and agreed that nothing
shall
be represented
represented by
by any
any party,
party, their
their attorneys
attorneysor
ortheir
theiragents
agentstotobe,
be,
shall be
be construed as, nor shall be
4
an admission or determination of
of liability
liability by
by the
the Board
Board Defendants,
Defendants, or
or their
their agents,
agents, employees
employeesor
or
members,
validity of
of any
any claims
claims asserted
asserted or
or assertable
assertable in
in the
theSettled
SettledClaims,
Claims, asasthe
the
members, as
as to the validity
Board Defendants continue to deny
deny any
any liability
liability and
and disclaim
disclaim any
any responsibility
responsibility for
for such
suchclaims.
claims.
It is agreed that this Agreement shall not
not be
be used
used by
by any
any party
party as
as evidence
evidence or
or in
in any
any other
othermatter
matter
any other
other purpose
purpose in
in any
any court
courtproceeding
proceeding or
orany
anyother
otherproceeding
proceedingexcept
exceptfor
foran
anaction
action
or for any
arising under paragraphs 2(b) and 2 (c) of
of this Agreement, or in an action concerning any Party's
Party's
tax status.
5.
RELEASE AND EXTINCTION OF
OF CLAIMS
CLAIMS
Plaintiff agrees to and hereby releases
releases and
and gives
gives up
up any
any and
and all
all claims
claimsand
andrights
rightswhich
which
Plaintiff may
against the
the Board
Board Defendants,
Defendants, including
including its
its past
pastand
andpresent
presentofficers
officersand
and
may have against
employees,
attorneys, insurers,
insurers, successors,
successors, assigns,
assigns, trustees,
trustees, receivers,
receivers,heirs,
heirs,
employees, members,
members, agents, attorneys,
offices and departments,
departments, and also
also including
including the
the Individual
Individual Defendants
Defendants (all
(all of
ofthe
theforegoing
foregoingare
are
collectively identified as "Releasees").
"Releasees"). This
This releases
releases all
all claims,
claims,including
includingthose
thoseofofwhich
whichPlaintiff
Plaintiff
is not aware and those not mentioned
mentioned in
in this
this Release.
Release. This
ThisRelease
Releaseapplies
appliestotoclaims
claimsresulting
resulting
from
now. Plaintiff
Plaintiffspecifically
specifically
from anything
anything which
which has
has happened
happened from
from the beginning
beginning of time up to now.
releases
following claims: any and
and all
all claims,
claims, direct
direct and
and indirect,
indirect, and
andrights
rightsfor
forany
anyinjury
injury
releases the
the following
and/or damages
have against
against the
the Releasees,
Releasees, specifically
specifically including
including but
but not
not
damages which Plaintiff may have
limited
claims asserted
asserted in
in the
theAction.
Action. Plaintiff
Plaintiffhereby
hereby releases
releases all
allclaims
claimsagainst
againstthe
the
limited to,
to, all claims
Releasees
asserted or could
could have
have been
been asserted
asserted in
in the
theAction,
Action, including
including all
allclaims
claims
Releasees that
that were
were asserted
revealed
which may have
have been
been revealed
revealed through
through discovery,
discovery, including,
including, but not
not limited
limited to
to
revealed or
or which
depositions,
interrogatories, medical
medicalreports,
reports,and
andthroughout
throughoutsettlement
settlementnegotiations,
negotiations,
depositions, answers to interrogatories,
discrimination,harassment,
harassment,hostile
hostileenvironment,
environment,retaliation,
retaliation,
and all claims
claims and
and grievances
grievancesofofdiscrimination,
civil rights violations, contract
contract violations,
violations,collective
collectivebargaining
bargainingagreement
agreementviolations,
violations,wrongful
wrongful
5
5
discharge and emotional distress, and
and also
also releases
releases any
any claims
claims which
which he
he may
mayhave
havefor
forattorneys'
attorneys'
of litigation and/or
and/or costs
costs of
ofsuit,
suit,whether
whetherbased
basedupon
uponstatute,
statute,regulation,
regulation,court
courtrule
rule
fees, expenses of
Partieshave
have
or common
common law.
law. Plaintiff
Plaintiff acknowledges
acknowledges that the settlement
settlement terms to
to which
which the
theParties
agreed include, but are not limited
limited to,
to, any
any claims
claims for
for attorneys'
attorneys'fees,
fees,tax
taxliability
liabilitystemming
stemmingfrom
from
this settlement
settlement and
and any
any claims
claims arising
arisingunder
underfederal,
federal,state,
state,ororlocal
locallaws,
laws,ororordinance.
ordinance.
ofthe
UnitedStates
Statesofof
Plaintiff
specifically releases
releases claims
claims under
under the
the Constitution
Constitutionof
Plaintiff further specifically
the United
America, 42 U.S.C. §§1983,
of 1964
1964 (hereinafter
(hereinafter referred
referred
1983, 42 U.S.C. §§1985,
1985, the
the Civil Rights Act of
42 U.S.C. §2000e,
§2000e, the
the Civil
Civil Rights
Rights Act
Act of
of 1866
1866 and
and 1991,
1991, the
theAmericans
Americanswith
with
to as "Title VII"), 42
as "ADA"),
"ADA"),42
42 U.S.C. §12101,
§12101, the
the Age
Age Discrimination
Discrimination in
in
referred to
to as
Disabilities Act (hereinafter referred
§621, the
theOlder
OlderWorkers
Workers Benefits
BenefitsProtection
ProtectionAct,
Act,the
theUniformed
Uniformed
Employment Act, 29
29 U.S.C. §621,
"USERRA"),3838
Services Employment and Reemployment
Reemployment Rights
Rights Act
Act(hereinafter
(hereinafterreferred
referredtotoasas"USERRA"),
U.S.C. §4312,
§4312, the
the federal
federal Occupational
OccupationalSafety
Safetyand
andHealth
HealthAct,
Act,the
theEmployee
EmployeeRetirement
RetirementIncome
Income
Security
Pay Act,
Act, the
theWorker
WorkerAdjustment
Adjustmentand
andRetraining
RetrainingNotification
NotificationAct,
Act,the
the
Security Act,
Act, the Equal Pay
the Fair
Fair Credit
CreditReporting
ReportingAct,
Act,the
theEmployee
EmployeePolygraph
PolygraphProtection
ProtectionAct,
Act,
Ledbetter Fair Pay Act, the
federal Family
Family and
and Medical
Medical Leave
Leave Act, as
as well
well as
as the
theConstitution
Constitution of
ofthe
theState
StateofofNew
New
the federal
"LAD"), N.J.S.A.
Jersey, the New Jersey Law
Law Against
Against Discrimination
Discrimination (hereinafter
(hereinafter referred
referredto
toasas"LAD"),
10:5-1 et seq., the New Jersey
Jersey Conscientious
ConscientiousEmployee
EmployeeProtection
ProtectionAct
Act(hereinafter
(hereinafterreferred
referredtotoasas
"CEPA"),
34:19-1, et seq. the New Jersey
Jersey Civil
Civil Rights
Rights Act,
Act, N.J.S.A. 10:6-1,
10:6-1, et seq., the
"CEPA"), N.J.S.A. 34:19-1,
Public Employer-Employee
Employer-Employee Relations
New Jersey
Jersey Civil
CivilService
ServiceAct,
Act,
New
Jersey Public
New Jersey
Relations Act,
Act, the
the New
seq., the New
New Jersey
Jersey Public
Public Employees'
Employees' Occupational
Occupational Safety
Safetyand
andHealth
Health
11A:1-1 et seq.,
N.J.S.A. 11A:1-1
Family Leave
Leave Act,
Act, the
the New
NewJersey
JerseyWage
Wageand
andHour
Hour
18A:1-1 et seq., the New Jersey Family
Act, N.J.S.A. 18A:1-1
PayAct,
Act,federal
federaland
andstate
state
Partnership Act,
Act, the
the New
New Jersey
JerseyEqual
EqualPay
Law, the New Jersey Domestic Partnership
executive
federal, state
state and
and local
local laws
laws and
and all
allcommon
commonlaw
lawclaims
claimsrelated
relatedtoto
executive orders,
orders, and
and all
all federal,
6
employment,
of any
any kind,
kind, wrongful
wrongful
employment, discrimination,
discrimination, harassment, hostile environment, retaliation of
discharge,
defamation, misrepresentation,
misrepresentation, fraud,
fraud, negligent
negligent and
andintentional
intentional
discharge, wrongful termination, defamation,
distress, conspiracy,
conspiracy, breach
breach of
ofpromise,
promise, breach
breachofofcontract,
contract,negligence,
negligence,
infliction
infliction of emotional distress,
ofany
anycollective
collectivebargaining
bargaining
claims, estoppel, regulatory and
and statutory
statutory law
law claims,
claims, violation
violation of
tort claims,
ofpublic
publicpolicy.
policy.
agreement, and violation
violation of
Plaintiff
acknowledges that
bound by
bythis
thisRelease.
Release.
Plaintiff understands,
understands, agrees
agrees to
to and acknowledges
that he isis bound
and responsibilities,
responsibilities, such as Plaintiff's
Plaintiff'sheirs
heirs or
orthe
theexecutors
executors
Anyone who succeeds to his rights and
of Plaintiff's
Plaintiff's estate,
bound. This
This Release
Release is
is made
made for
for the
thebenefit
benefit of
ofthe
theBoard
Board
estate, are
are also
also bound.
consideration for
forthis
this
Defendants and
who succeed
succeed to its
its rights
rights and
and responsibilities.
responsibilities. InInconsideration
Defendants
and all
all who
Release,
Board Defendants,
Defendants, as
as set
set forth
forth more
more fully
fullyinin
Release, Plaintiff has
has received promises from the Board
Paragraph 3.
3.
Plaintiff acknowledges that
that he
he isis not
not the
the prevailing
prevailingparty
partyininthe
theAction.
Action.The
TheParties
Partiesagree
agree
Plaintiff
to enter into a Stipulation of
ofDismissal
Dismissal with
with Prejudice
Prejudice to
to formally
formally dismiss
dismissthe
theAction.
Action.
6.
6.
RESIGNATION AND NO REEMPLOYMENT
REEMPLOYMENT
The
Defendants agree to rescind
rescind and
and remove
remove from
from Plaintiff's
Plaintiff's personnel
personnel file
file the
the
The Board Defendants
letter and
and any
any disciplinary
disciplinary record
record related
relatedtotothe
theA.A.
A.A.incident.
incident.Plaintiff
Plaintiff
April 8, 2011 termination letter
agrees
file aa letter
letterresigning
resigninghis
hisposition
positionand
andterminating
terminatinghis
hisemployment
employmentwith
withthe
the
agrees that he shall file
Board
of business
business on
on June
June 30,
30, 2011,
2011, and
andthat
thathis
hisresignation
resignationisisirrevocable.
irrevocable.
Board effective
effective the
the close of
not apply
apply for
for any
any position
position or
or opening
opening at
at the
theBoard
Boardininthe
thefuture
futureand
and
Plaintiff agrees
agrees that he will not
will not seek employment
employment at
at the
the Board.
Board.
7.
CONFIDENTIALITY
CONFIDENTIALITY
Agreement, and all of
of its
its terms,
terms, are
are and
and will
willremain
remainconfidential
confidential to
tothe
themaximum
maximum
This Agreement,
extent permitted by law.
law. Plaintiff
Plaintiffisisexpressly
expresslyforbidden
forbiddenfrom
fromdiscussing
discussingthis
thisAgreement
Agreementwith
with
7
any person, other than his spouse,
spouse, accountant,
accountant, tax
tax advisor
advisor and
and attorney
attorney ("permitted
("permitteddisclosures")
disclosures")
and any other individual or entity as
as necessary
necessary to
to implement
implement the
the Agreement
Agreement or
or to
to which
which they
they are
are
("legally-required disclosures").
disclosures"). In
In making
makingany
anypermitted
permitteddisclosure,
disclosure,
legally obligated to respond ("legally-required
Plaintiff
the person
person to
to whom
whom he
he is
is making
making the
the permitted
permitteddisclosure
disclosure that
that
Plaintiff agrees that he will inform the
of this
this Agreement,
Agreement, the
the settlement
settlement giving
giving rise
rise to
tothis
thisAgreement
Agreementand
and
the existence and substance of
of money
money paid
paid pursuant
pursuant to
to this
this Agreement
Agreement are
are to
to be
be held
heldstrictly
strictly confidential
confidential to
to the
the
the sum
sum of
fullest extent permitted by law. The
TheBoard
Boardagrees
agreesthat
thatititwill
willkeep
keepthis
thisAgreement
Agreementconfidential
confidentialtoto
the extent permitted
permitted by
by law.
law.
8.
NON-DISPARAGEMENT
Plaintiff agrees not to disparage
disparage the
the Board
Board Defendants
Defendants or
or any
any of
ofits
itsemployees
employeesor
orformer
former
neither solicit
solicitnor
normake
makeany
anycomments,
comments,statements
statementsororthe
thelike
liketotoothers
others
employees. Plaintiff
Plaintiff shall neither
regarding
Board Defendants
Defendants or any
any Board
Board employee
employee that
that could
couldadversely
adversely affect
affect the
the
regarding the
the Board
party or
or which
which may
may be
be
reputation,
reputation, image,
image, goodwill,
goodwill, commercial
commercialoror public
public interest
interest of
of that
that party
considered derogatory
derogatory or
or disparaging.
disparaging.
Plaintiff. The
TheBoard
Board
The Board
Board Defendants
Defendants agree
will not
not disparage
disparage the
the Plaintiff.
The
agree that
that they
they will
Defendants
make any
any comments,
comments, statements
statements or
the like
like to
to others
others
Defendants shall
shall neither
neither solicit
solicit nor
nor make
or the
adversely affect
affect his reputation
reputation or image
image or
or which
which may
maybe
be
regarding
regarding the
the Plaintiff
Plaintiff that
that could adversely
considered derogatory
derogatory or
or disparaging.
disparaging.
ofa aclaimed
claimedbreach
breachofofthis
thisAgreement,
Agreement,either
eitherparty
partymay
mayseek
seekrelief,
relief,
In the
the event
event of
In
including damages, restitution and
and injunctive
injunctive relief,
relief, at
at law
law or
or in
in equity.
equity.
9.
CONFERRED UPON
UPON NON-PARTIES
NON-PARTIES
NO RIGHTS CONFERRED
intended to
to confer
confer rights
rights and
and benefits
benefits only
only upon
upon the
theParties
Partiesand
andisisnot
not
This Agreement is intended
intended to
or benefit
benefit upon
upon any
any other
otherperson
personor
orentity.
entity.No
Noperson
personororentity
entityother
other
to confer any right or
88
than the Parties and
and the
the Board
Board Defendants
Defendants shall
shall have
have any
any legally
legally enforceable
enforceable rights
rights under
under this
this
ofaction
actionfor
forany
anybreach
breachofofthis
thisAgreement
Agreementare
arehereby
herebyreserved
reservedtotothe
the
Agreement. All
All rights
rights of
Agreement.
Parties.
10.
10.
COVENANT OF GOOD
GOOD FAITH
FAITHAND
AND FAIR
FAIR DEALING
DEALING
The Parties
Parties expressly
expressly agree
agree that their
their performance
performance under
Agreement is
to be
be
The
under this
this Agreement
is to
of good
good faith
faith and
and fair
fair dealing.
dealing. No
No Party
Party will
will take
takeany
anyaction
actionwhich
which
governed
covenant of
governed by
by a covenant
ofthe
the full
full benefit
benefitof
ofthe
theAgreement.
Agreement.
would deprive another
another of
In the event that the Board
Board Defendants
Defendants violate
violate any
any obligation
obligation of
ofthis
thisAgreement,
Agreement, Plaintiff
Plaintiff
ofterms
terms and
andrecover
recoverreasonable
reasonableattorney
attorneyfees
feesand
andexpenses
expenses
has the right to pursue
pursue enforcement
enforcement of
in connection with the enforcement
enforcementaction.
action.
11.
11.
UNDERSTANDING
FULL UNDERSTANDING
This Agreement sets
sets forth
forth the
thecomplete
completeunderstanding
understandingand
andentire
entireagreement
agreementbetween
betweenthe
the
Parties and supersedes any
any and
and all
allprior
prioragreements
agreementsororunderstandings
understandingsbetween
betweenthe
theParties.
Parties.This
This
Agreement may not be modified,
modified, altered,
altered, changed,
changed, discharged,
discharged, terminated
terminatedor
orwaived
waivedexcept
exceptupon
upon
of the
the parties
parties wherein
wherein specific
specific reference
referenceisismade
madetotothis
thisAgreement.
Agreement.ItItisis
express written consent of
agreed that there are no
no other
other understandings
understandings or
oragreements
agreements(either
(eitherwritten
writtenorororal)
oral)which
whichwould
would
Byexecuting
executingthis
thisAgreement,
Agreement,Plaintiff
Plaintiffrepresents
representsand
and
have any impact upon the present Action. By
acknowledges
not rely,
rely, and
andhas
hasnot
notrelied
reliedupon,
upon,any
anyrepresentation
representationororstatement
statementnot
not
acknowledges that he does not
set forth
forth in this Agreement
Agreement made
made by
by the
theBoard
Boardororits
itscounsel
counselwith
withregard
regardtotothe
thesubject
subjectmatter,
matter,
of this Agreement
Agreement or
or otherwise.
otherwise.
basis, or effect of
12.
12.
MATERIALITY
The Parties agree that
that each
each paragraph
paragraphof
ofthis
thisAgreement
Agreementisismaterial.
material.InInthe
theevent
eventthat
thatany
any
Agreement is
is determined
determined to
to be
be illegal,
illegal, the
theParties
Partiesagree,
agree,ininadvance,
advance,totoreform
reformthe
the
portion of
of this Agreement
9
Agreement inin good
faith to
to provide
provide each
each Party
Party with
with the
the full
fullbenefit
benefitofofthethesettlement
settlement
Agreement
good faith
by this Agreement
Agreementto
tothe
theextent
extentpermitted
permittedby
bylaw.
law.
memorialized by
13.
13.
REVOCATION PERIOD
Plaintiff acknowledges that
that he
he was
was given
given the
the opportunity
opportunity to
to fully
fully consider
considerthis
thisAgreement
Agreement
Plaintiff
of up to twenty-one
twenty-one (21)
(21) days
days to
to review
review this
this Agreement
Agreement and
and seven
seven(7)
(7)days
daysfrom
fromthe
the
for a period of
Agreement to
to revoke
revoke this
thisAgreement
Agreement by
bydelivering
deliveringwritten
writtennotification
notificationtoto
execution
execution of this Agreement
Alexander
Esq., Adams
Adams Gutierrez
Gutierrez && Lattiboudere,
Lattiboudere,1037
1037Raymond
RaymondBoulevard,
Boulevard,
Alexander L.
L. D'Jamoos, Esq.,
Newark, New
07102. ItItisisunderstood
understood that
that ififthis
thisAgreement
Agreement isisrevoked,
revoked, ititwill
willnot
notbe
be
Newark,
New Jersey
Jersey 07102.
Plaintiff will
will not
notbe
beentitled
entitledtotothe
theentire
entireconsideration
considerationdescribed
described
effective
and Plaintiff
effective or enforceable and
herein.
14.
14.
MEDICAID AND SCRIP
OF 2007
SCHIP EXTENSION ACT OF
Plaintiff represents that,
that, at
at this
this time,
time, he
heisis not
noteligible
eligiblefor
forMedicare.
Medicare.As
Asaacondition
conditionofoffull
full
Plaintiff
of this
this matter,
matter, Plaintiff
Plaintiffagrees
agreesto
to complete,
complete,execute
executeand
andreturn
returntotothe
theBoard's
Board's
and final settlement of
SCRIP Extension
Extension Act
Actof
of2007,
2007,
counsel the form attached relating to the
the Medicare,
Medicare, Medicaid
Medicaid and
and SCHIP
which is hereby expressly
expressly incorporated
incorporatedasaspart
partofofthe
theAgreement.
Agreement.
15.
15.
SERVICES OF COUNSEL
The Parties certify
certify that
that they
they have
have had
hadthe
theopportunity
opportunitytotodiscuss
discussthis
thisAgreement
Agreementwith
with
The
oftheir
theircounsel
counsel with
withrespect
respecttotoboth
boththis
this
counsel.
They are
are fully
fully satisfied
satisfied with
with the
theservices
services of
counsel. They
Agreement and
aspects of
ofthe
the Action
Action and
and they
theyenter
enterinto
intothis
thisAgreement
Agreementknowingly,
knowingly,
Agreement
and all other aspects
willingly and without any coercion
coercion or
or improper
improperinducements.
inducements.
16.
16.
SIGNATORIES
AUTHORITY OF SIGNATORIES
Each signatory represents
represents that
that she
she or
orhe
heisisaaParty
Partyororhas
hasbeen
beenduly
dulyauthorized
authorizedbybya aParty
Party
to
sign on
on that
that Party's
Party's behalf
behalfand
and that,
that,ininthe
thecase
caseofof
Board
Defendants,allallprocedural
procedural
to sign
thethe
Board
Defendants,
10
formalities
execution of
ofthis
this Agreement
Agreement have
have been
beensatisfied.
satisfied.The
Thesignatory
signatoryfor
for
formalities attendant
attendant to
to the execution
the Board
Board Defendants
Defendants further
she is
is duly
duly empowered
empowered by
by the
the Board
Board
the
further covenants
covenantsthat
that he
he or
or she
Defendants toto sign
Agreement and
that there
there is
is no
no legal
legalreason
reason(i.e.
(i.e.receivership
receivership or
or
Defendants
sign this
this Agreement
and that
bankruptcy)
will prevent
prevent the
the Board
Board Defendants
Defendants from
from completely
completelyperforming
performing
bankruptcy) which
which prevents or will
its obligations under this agreement.
agreement.
17.
LAWGOVERNING
LAW
GOVERNING
This Agreement shall be
be governed
governed by
by the
the laws
laws of
ofthe
the State
Stateof
ofNew
Jersey.
New Jersey.
18.
SEVERABILITY
SEVE •
ILITY
Should
provision of
of this
this Agreement
Agreement be declared
declared or
or determined
determined by
by any
any court
courttotobe
be
Should any
any provision
illegal
invalid, the validity of
of the
the remaining
remaining parts,
parts, terms
terms or
or provisions
provisions shall
shall not
not be
beaffected
affected
illegal or invalid,
thereby and
invalid part,
part, term
term or
or provision
provision shall
shall be
be deemed
deemed not
notbe
bepart
partofofthis
this
thereby
and said illegal or invalid
Agreement.
19.
COUNTERPARTS
EXECUTION IN COUNTERPARTS
The Parties agree that this agreement
agreement may be signed
signed in
in counterparts
counterparts and
and that
that facsimiles
facsimiles of
of
signatures will have the
the same
sameforce
forceand
andeffect
effectasasoriginal
originalsignatures.
signatures.
[SIGNATURES APPEAR
APPEAR ON
ON FOLLOWING
FOLLOWING PAGE]
PAGE]
11
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