190-26 Separation Agreement R. Smith.pdf

3 3. FUTURE EMPLOYMENT. Smith agrees that if he applies for employment in any position with the Township at any time in the future, the Township has the absolute discretion to refuse to hire him. Smith specifically acknowledges that this agreement may constitute a waiver of any right he may have under the Civil Service Commission to be hired by the Township for any position. Smith will not appeal or challenge the Township’s refusal to hire him in any court of law, administrative agency, in arbitration or before any governmental body. 4. NON-ADMISSION. This Agreement is executed and all consideration is given in final settlement of disputed claims and shall not be construed as an admission of any allegation or of liability by the Township, by whom any such obligation or liability is expressly denied. 5. NO DISPARAGING STATEMENTS. Smith agrees that he will not make any statement(s) that has, have or can be expected to have the effect of disparaging the Township or any of its representatives, agents and employees. 6. CONSULTATION WITH ATTORNEY. Smith has been given the opportunity to consult with his attorney with respect to this Agreement and to review with his attorney all the terms and conditions of this Agreement prior to executing this Agreement. 7. COMPLETE AGREEMENT. This Agreement contains the entire agreement between Smith and the Township, and each of them, with respect to the subject matter and supersedes all prior agreements or understandings dealing with the same subject matter. There is no agreement on the part of the Township to do anything other than as is expressly stated in this Agreement. This Agreement shall in all respects be interpreted, enforced and governed by the Laws of the State of New Jersey. 8. MODIFICATION. No modification or amendment of this Agreement will be enforceable unless it is in writing and signed by the party to be charged. 9. SEVERABILITY. Should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby and said illegal, unenforceable or invalid part, term, or provision shall be deemed not to be a part of this Agreement. 10. SMITH ATTESTS. Smith represents and warrants that he has carefully read each and every provision of

orceable or invalid part, term, or provision shall be deemed not to be a part of this Agreement. 10. SMITH ATTESTS. Smith represents and warrants that he has carefully read each and every provision of this Agreement and that he fully understands all of the terms and conditions contained in each provision of this Agreement. Smith represents and warrants that he enters into this Agreement voluntarily, of his own free will, without any pressure or coercion from any person or entity including, but not limited to, the Township or the Releasees. 11. FULL KNOWLEDGE OF TERMS AND REVIEW PERIOD. The Township advises Smith to consult with an attorney of his choice and his expense prior to