SEPARATION AGREEMENT
AND
GENERAL RELEASE
This Separetion Agreement and Generel Release (the
“Separation Agreement“) is entered into by and between the
Plainfield Municipal utilities Authority (the “Avthority”}) and
John Johnsen. The Authority and Mr. Johnson are herein referred
to individually as a “Party” and collectively as the “Parties”.
This Separation Agreement is dated as of November 15, 2005 (the
“Effective Date”).
RECITALS
WHEREAS, Mr. Johnson was employed by the Authority
effective April 14, 2003 as Director of Field Operations of the
Authority: and
WHEREAS, the terms and conditions of Mr. Johnson's
employment with the Authority are set forth in an Employment
Agreement executed by the Parties dated January 9, 2004, as
amended; and
WHEREAS, the Parties desire to terminate their relationship
and the Employment Agreement dated January 9, 2004 on the terms
described herein.
NOW THEREFORE, in consideration of the mutual covenants set
forth below and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
Authority and Mr. Johnson agree as follows:
I. Definitions
“Authority” means the Plainfield Municipal Utilities
Authority.
“Claim” or “Claims” means any indebtednesses, clains,
damages, causes of action, suits for legal or equitable relief,
costs and liabilities of every nature and description, whether
known oz unknown, whether direct or consequential. The word
“Claim” further includes any causes of action erising under
common law, regulation, statute, executive order, or ordina
ce(including, withovt limitation, any one ar more of the Labor
Management Relations Act, the National Labor Relations Act, the
Equal Pay Act, the Fair Labor Standards Act, Title VII of the
Civil Rights Act of 1964, the Civil Rights Act of 1866, the
Civil Rights Act of 1871, the Civil Rights Act of 1991, the
Rehabilitation Act of 1973, the Americans with Disabilities Act
of 1990, the Family and Medical Leave Act of 1993, the Age
Discrimination in Employment Act of 1967, the Pair Credit
Reporting Act of 1997, the Employee Retirement Income Security
Act of 1974, and any one or more of laws, regulations, executive
orders, or ordinances enacted by federal, stete, or municipal
governments, or any one or more of them, regulating, without
limitation, any one or more of labor relations, employment
relations, employment discrimination, securities transactions,
shareholder rights, fair employment practices, human rights,
civil rights, exercise of workers’ compensation rights, wages,
hours of work, safety and health, retaliatory employment action
or discharge, service letters, commission payments, bonus
payments or any other aspect of employment or corporate
ownership or relations). In addition, the word “Claim” includes
any cause of action, complaint, charge, or right enforceable in
any forum whether a court or an administrative agency. The word
“Claim” also includes any contract claim, such as and without
imitation, any claim based upon the Executive Employment
Agreement dated January 9, 2004 between the Parties, as well as
claim based upon any other contract between the Parties,
whether ora} or written, or both. The word “Claim” further
includes any tort claim.
“Employment Agreement” means the Employment Agreement
executed between the Authority and Mr. Johnson dated January 9,
2004 and any and all amendments thereto.
“Mr. Gohnson” means John Johnson, an individual, and any
one or more of his heirs, successors, assigns, executors,
administrators or legal representatives.
“Separation Agreement” means this Separation Agreement and
General Release dated November 15, 2005.II. Rights end Duties of the Parties
2.61 Mz. Johnson hereby
(2) Agrees that the Employment Agreement, his
employment and any and all positions held by him with the
Authority, shall all terminate effective November 15, 205;
(b) Agrees that he has received all accrued vacation
and severance pay he is owed by the Authority and except as
otherwise provided herein, acknowledges and grees that he will
not receive any additional compensation or benefits of any kind
from the Authority other than the compensation and benefits set
forth below, and he expressly acknowledges and agrees
not entitled to any such benefit.
(c) Agrees that he has the option to continue his
group medical and dental coverage through the COBRA Plan. He
acknowledges that he will be receiving a letter in the next few
days by certified mail advising him about his medical benefits
and the costs of continuation for the next 18 months on a self-
pay basis.
(d) Releases, waives and agrees net to sue the
uthority on any and all Claims against the Authority, or any
other persen, corporation, or entity for any action(s} by the
Authority, whether known cr unknown, which have arisen or which
could have arisen in any manner as of the date on which Mr
Johnson signs this Agreement. Mr. Johnson further weives any
right of his to receive damages or obtain legal or equitable
relief, or both, on any Claim against the Authority
(e) Represents that he has not filed any claim
against the Authority. Mr. Johnsen further agrees that, except
2s such waiver is prohibited by law, he shall not hereafter file
or cause to be filed or otherwise participate in any manner, in
any claim against the Authority or seek any compensation or
other relief for any claim other than the consideration
described in this Separation Agreement, and that if any agency
or court assumes jurisdiction over any claim on behalf of or
ctherwise for the benefit of him, he will instruct that agency
or court to withdraw from or dismiss with prejudice the claim:
(£) Agrees that he shall not, at any time or in any
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