SEITLEMENT AGREEMENT, GENERAL RELEASE, AND WAIVER "ARTI ‘THIS SETTLEMENT AGREEMENT, GENERAL RELEASE AND WAIVER Gexcinater refered to a8 “Agreement” made his 28 May of feces 2017, by and between the Borough of Tinton Falls with offices located at 556 Tinton Avenue, Tinton Falls, New Jersey 07724 (hereinafter “Tinton Falls” or “Defendant"), and ‘Thomas Dennehy ‘CDennchy") represented by Seina & Catrambone, LLC, 1130 Clifton Avenue, Clifton, New Jersey 07013 hereinafter refered to as "Dennehy" or “Plain. WITNESSETHE WHEREAS, Thomas Dennehy, an employee of Tinton Falls Borough, commenced a Inuit inthe Superior court of New Jersey against the Defendant under the action captioned ‘Thomas Dennehy v. the Borough of Tinton Falls, Docket Number MON-L-395-11 (he Lawsuit"); and WHEREAS, Dennehy has made various allegations against the Defendant, the Borough ‘of Tinton Falls, andthe Defendact having denied such allegations and WHEREAS, the allegations have been asserted inthe aforementioned Lawsuit and WITEREAS, the pastes have agreed to sete all claims, insng those essere inthe “Lavwauit and desire and intend to memorize such stement by entering into and exceuing this Setdement Agreement, Genecal Release, and Waiver; uDNOW, THEREKORE, in consideration ofthe mutusl promises and agreements set forth hnerein, the parties agree as follows: 1, DISMISSAL OF CLAIMS. Dennehy shall dismiss, with prejudice, in their cntiety, any and all claims against Tinton Falls and/or any of the pastor present officals, employees, departments, agents, servants, or representatives of Tinton Falls, individually and in their official capacities, jointly and severally, any and all claims against the Tinton Falls Police Department and its employees. 2 RELEASE AND DISCHARGE, This Agreement shall constitute a ful and final release and discharge the "Release") of any and all claims, rights, or causes of action, whether known or unknown, Dennehy may have against Tinton Falls, including but not limited to any department or parent of Tinton Falls, any pastor present officer or employee of Tinton Falls and any of Tinton Falls’ agents, employees or servants, individually or in their joint official capacity, and shall further release any and all claims, rights or causes of action, whether known or ‘unknown, Dennehy may have against any of Tinton Falls insurers and its parent, subsidiaries, agents, servants, or representatives (individually and collectively the "Releasees"), The Release shall apply 10 any and all claims, sights, demands, causes of action, obligations, damages, ‘expenses, compensation, claim for atomey's fees or action of any kind, mature, character, or description that Dennehy had or could have raised against Releasees, including those Dennehy ‘may not be aware of and those not mentioned inthis Agreement including, bt not te, any and all claims arising ftom or relating in any way to Dennehy’s employment with Tinton Falls, and/or pattcipation in and/or the termination thereof, any employee benefits, compensation or other tems of employment, arising from or relating in any way fo the claims that were or could have brought in the matter now pending in the Superior Court of New Jersey, 2 TKcnttled Dennehy Borough of Tinton Falls, under Docket No. MON-L-398-I1. The Release includes, but is not limited to, any claim, demand, cause of action, obligation, damage, complain, expense, fees, including but not limited to attorneys fees, compensation, or action of any kind, nature, character, or desripion, whatsoever, arising out of or under any Federal, State, ‘or munioipal statute, ordinance, or other law (whether common Jaw, decisional In, oF statute), rule, regulation, contract, collective bargaining agsesment, executive order, or policy, including ‘but not limited to any claim for afomeys! fees and costs; any claim in tort, such as failure to promote, retaliatory failure to hie, filure to accommodate, constructive discharge, violation of public poliey, for emotional distress, defamation, slander, libe! or false imprisonment in contract, whether express or implied; under any Tinton Falls policy, procedure or benefit plan; for attomey’s fees, back pay or front pay or unpaid wages of any kind; and under any federal, state, or local law or ordinance, including, but not limited to, the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq. ("ADEA"); Title VI ofthe Civil Rights Act of 1964, as amended, 42 USS.C. 2000 et seq. (“Title VIP"); the Reconstruction Era Civil Rights Act, as amended, £2 US.C. 1981 et seq. (“Civil Rights Act”); the Civil Rights Act ‘of 1991, as amended 42 U.S.C. 1981 et seq. (“CRA of 1991"; the Older Workers Benefit Protection Act, 29 US.C. 621-634, (“OWBPA}; the Americans With Disabilities Act, 42 US. Code §§ 12101 -12213, ADA’ (Chapter 18 ERISA’ ployee Retirement Security Act of 1974, 29 US. Code the New Jersey Law Against Discrimination, NIS.A. 10:5-1 et seq. CLAD”); the New Jersey Family Leave Act, NJS.A. 34:11B-1 et seq. ("FLA"); the federal Family Medical Leave Act, 29 US.C. see, 2601; 29 CER #25 (“PMLA”); the New Jersey Conssientious Employee Protection Act, NJLS.A. 34:19+1 et seq. (*CEPA"); the Pregnancy Discrimination Act, Workers’ Adjustment and Rettsining Notifietion Act 29 US.C. 2101 et TK)seq. (WARN) the Smoking Righls Law NSA. 34:68+1 t oq, "SRL"; the New Jersey Cul Rights Adt, NIS.A, 10:61 ot seq. CNICRA"), New Jersey Wage and Hour Lew; NASA, 3411-56 1 seq NIWHL") and Now Jersey Equal Pay Act NJSLA. 3411-561 et seq, CNIEPA" and for harassment, dserimination and retaliation of any kind, or any other possible cause of action rising under any and all other federal, state or lcs statutes, laws, Joga dovsion, rules and regulations pettuining t employment, as of and prior to the dats Inreof, as well as any and all claims understate and fer! law; of and prt tothe date hereof, and anyother Federal, State o loca laws, regulations or ordinances, contact, collective Dargnining agreement; and any other duty or obligation of any kind or description or for aitomneye’ fees or costs (“Claims”). Neither party shall be detmed « previling party for any purpose 3. LUMP SUM PAYMENT AND OTHER SETTLEMENT TERMS. Agresment by the Plain (9) ree Upon (a) the fal execution of by Defendants counsel of fllyexected Stipulation of Dismissal with Prejudice by all partis to the Lawsuit, and (€) approval or raifiestion ofthis Agreement by Fort resolution ofthe goveming body of the Borough of Tinton Falls and delivery ofan cxccuted copy ofthis Agrerment tothe Defendants attorney, the Boroogh apes to the following: 4 Lump Sum Payment The Borough sal pay to Dennehy, upon the satisfaction of the above conditions and on or before Apel 16, 2017, the sum of Six Hundied ‘Thousand Dolla ($60,000.00) as compensation for and in sasuetion of al Ciims, tg fs, an oss of sit sacs withthe Lawauit and thre shal be no other payment as a result of the dismissal of any and all Claims not for the Tu)Release, The payment shall be delivered to Plaintif's attorney and made payable {o the attomey trast account ofthe Seiarra & Catrambone, LIC, 1130 Clifton Avenue, Suite 3, Clifon, New Jersey 07013, and shall be conditioned upon receipt of Federal Tax Porm W-9 fiom said payee. A 1099 reporting form wil he issued to the Plaintf?s attorneys forthe amount paid hereunder: Promotion: On or before April 16, 2017 and provided the conditions of () through {© above are met, Deanchy shall be instated to the rank of Sergeant retroactive to January 1, 2011, under those terms controlling under the Collective Bargaining Agreement governing the Sergeants position in effect at that time end as amended fiom time to time by any subsequent Collective Bargaining Agreement. Plaintiff and Plaintif's counsel shell vturn all documentary Confidential Materials provided by Defense Counsel in connection with the above referenced litigation and shall delete, tthe extent possible, all electronic copies of same, WARRANTY. OF CAPACITY TO_EXECUTE AGREEMENT. Dennehy represents and warrants that no other person or entity as any interest in the Claims, or in any ‘other dems, obligations, oF enuses of aetion referred to inthis Agreement, and that he has the sole right and exclusive authority to excoute this Agreement and receive the benefits specified, He further represents that he has not sold, assigned, trmsfered, conveyed, or otherwise disposed of any of the Claims, or any other demands obligations or causes of action referred to inthis Agreement. ENTIRE_AGREEMENT; CONTINGENCIES. This Agreement contains the 5 THOcentre agreement between Dennehy and the Defendant concerning the matters set forth in thie document, and shall be binding upon and inuve to the benefit of the parent entity, executors, sulministators, personal representatives, heis, successor, and assigns of each; provided, however, this Agreement is expressly conditioned upon the authorization or ralitiation by the ‘overing body of the Borough of Tinton Falls in the form of a duly adopted resolution, if 80 require, 6, REPRESENTATION OF COMPREHENSION OF DOCUMENT. In executing this Agreement, Denmchty represents that he has relied upon the legal advice of his attomey, who Js the atiorey of his own choice, that he has had th full portunity to review this Agreement ‘wil his aforney, and that the terms of this Agreement have been completely read and explained byhis atomey, and that those terms are flly understood and voluntarily accepted ‘NOADMISSION OF LIABILITY. It is agreed that in setting this matic, that Dennehy and Tinton Falls, together with its present and past oficas, departments, employees, ‘representatives, servants, and agents, are not admiting to eny liability or wrongdoing in any fashion and that nether party shall be deemed a prevailing pty for sny purpose. 8 TAX IMPLICATION. Tinton Falls, its agents, servants, and representatives, ‘make no representations as to the tax consequences or liability arising from any payment made under this Agrecment. Moreover, Dennehy understands that any tax consequences andlor liability arising ftom payment to him in accordance with this Agreement shall be his sole responsibility and obligation and neither Tinton Falls nor any insurance company making any payment on the Defendant's behalf, nor each ofits agents, servants, oF representatives (past or present) shall be held liable for any payment of any taxes on Dennehy"s behalf, Dennehy agrees that he will pay any and all income tax that may be determined to be due in connection . Tatswiththe payment described above, Since Deonedy agrees that he is solely responsible forthe pryment of taxes on any setement money received under his Agreement, should the Item Revenue Service, any State or ay other taxing agency or tuna require Tinton Falls & ts inser to pay any taxes, Sines, penalties, intrest or any ater cost related to axes on behalf of Dennehy with roga to the payment received under this Agreement, Dennehy agrees to indemnify oF reimburse Tinton Falls and its insurers and cach of its agents, servant, oF representatives for any taxes he reguired op. 9, LIENS. Dennehy hereby catifis that no liens exist aginst the proceeds ofthis seulement, and hat fay Hens do eis they wil be paid in il, compromised or sisted and released by Dennehy prior to receiving payment. If a lien exists which i¢ not satisfied as ‘required by this Agreement, and a claim is made by anyone to enforce that lien, Dennehy agrees ‘that he will pay that lien in full, This representation is infended to include all ens, including, but not limited to, attorney lens, medical provider liens, Medieare and Medica lens, workers! compensation liens, ll statutory or common law liens, and judgment liens. Dennehy agrees to indemnify and hold Tinton Falls and its insuress and each of its agents, servants, and representatives, harmless in connection with any claim made by reason of liens agaist, or tax ‘obligations associated with the proceeds of his sltlement, Ifa claim is hereaRer made aginst ‘Tinton Falls or its insurers or each of its agents, servants, representatives, by anyone seeking pyment ofthe liens, Deonehy will indemnity aod hold Tinton Falls and its insures and each of its agents, servants, epresentelives harmless for any such lens and/or defending against such a claim, including, but not limited fo, attorneys’ fees, costs of suit, and interest 10. STIPULATION OF DISMISSAL, The parties agree that only he Stipulation of Dismissal with Prejudice; and not this Agreement, will be filed with the Court, 7 TH11, QTHER_ACTIONS OR CLAIMS. Dennehy represents that he has not personally filed any actions or claims against the Defendant other then the Complaint referred tin Paragraph 2 hereof 12, INDEMNIFICATION. In the event Dennehy recovers any monies from any person who theteafter seeks indemaification fiom Tinton Falls, its agents, servant, ‘representatives, or is insurers, rising fom claims identical herein, Dennehy shall indemnify and ‘hold Tinton Falls and its insurers and ench ofits agents, servants, represetatives, harmless for defending against these claims, including, but not limited to, atlomeys' fes, costs of suit, Judgment, or settlement, 13, MODIFICATION, This Agreement may not be modified except by an agreement in writing execated by the parties hereto, 14. GOVERNING LAW, This Agreement shall be govemed in al respects, including validity, interpretation, and effet by the laws ofthe State of New Jersey without giving effect to the contficts of laws. 15, REVOCATION. Dennehy may revoke this Agreement within seven (7) days aller the date this Agreement is signed by him. This revocation must take the form of written notice by Dennehy thet he intends t revoke this Agreement, This revocation must be provided directly to The Borough of Tinton Falls, cfo Mitchell B. Jacobs, Esq, Cleary Giacobbe Alfiei Jacobs, LLC, 5 Ravine Drive, Matawan, New Jersey 07747. Plaintiff may not waive this seven (1 day revocation period, 16. DATE. OF AGREEMENT. This Agresment shall be dated as of the date it is last signed by any ofthe partis to the Agreement, which date shall be incorporated on the face page. : “TKD17, REPRESENTATION BY DENNEHY. I, THOMAS DENNEHY, HEREBY SIGN THIS AGREEMENT IN ORDER TO AGREE TO THE DISMISSAL OF CLAIMS, WITH PREJUDICE, AND RELEASE, WAIVE AND DISCHARG PROVISIONS AS THEY MAY APPLY, AS SET FORTH IN THIS SETTLEMENT AGREEMENT, GENERAL RELEASE AND WAIVER, IT BEING MY INTENTION TO RELEASE AND. DISCHARGE ANY AND ALL CLAIMS I MAY HAVE IN AND TO THE MATTERS DISPUTE WHICH ARE REFERENCED IN THE AGREEMENT 18, REASONABLE PERIOD OF TIME, Plaintiff, Thomas Denushy agrees that the has been given a reasonable period of time of atleast twenty-one (21) days within which {o review and consider this Agreement prior ( exscuting this Agreemtent, but that he MAY WAIVE THIS TWENTY-ONE @1) DAY PERIOD BY SIGNING IN THE SPACE PROVIDED HERE: IN WITNESS WHEREOF, the undersigned partes have executed this Apreement as ofthe ate fet writen above, Tah o£ Matus, Ooi chorunde ‘THOMAS DENNEHY Witness RONANDO ued: 3/2) 2017 Dated: 37212017 (ee Ee EH OeReet on: #2047408 sy cet es "THE BOROUGH OF TINTON FALLS."THE BOROUGH OF TINTON FALLS ATTORNEY AT LAW ‘STATE OF NEW JERSEY pat 3/8 2007 utes: 39g ,2017