SETTLEMENT AGREEMENT AND GENERAL RELEASE

This is a Settlement Agreement and General Release (?Agreement?) by and between: (1)
Erik Infantes (?Infantes?) and his wife, Suzanne Infantes (collectively, ?the Infantes?); and (2)
the City of Jersey City (?Jersey City?). Jersey City includes its current and past subsidiaries,
affiliates, diVisions, agents, servants, officers, directors, employees (including, but not limited to,
Mayor Steven M. Fulop and Chief Robert Cowan), insurers, benefit plan fiduciaries, agents, or
successors. Jersey City and the Infantes will sometimes collectively be referred to herein as ?the
Parties.?

WHEREAS, the Infantes asserted a claim against the City of Jersey City for purported
injury damage or loss on March 3, 2014 (E Exhibit A attached hereto);

WHEREAS, Jersey City denies the allegations in the Infantes? claim, and denies that it,
or any of its subsidiaries, affiliates, divisions, agents, servants, officers, directors, employees,
insurers, benefit plan fiduciaries, agents, or successors are liable for any claims raised by the
Infantes;

WHEREAS, the Parties mutually desire to resolve all of their disputes.

NOW THEREFORE, in consideration of the foregoing, and of the promises and mutual
covenants herein contained, the parties agree as follows:

1. SETTLEMENT PAYMENT - In consideration for the Infantes? agreement to
all of the terms, conditions and promises in this Agreement, Jersey City and the Infantes agree
that: (1) Erik Infantes shall be returned to the Homicide Unit of the Hudson County Prosecutor?s
Office the date of the execution of this Settlement Agreement; (2) Erik Infantes will remain on
track for and under consideration for assignment to the position of Detective for the Jersey City
Police Department; and (3) Jersey City will pay to or on behalf of the Infantes the sum of Lily
thousand dollars and zero cents ($50,000) (the ?Settlement Payment?), inclusive of any and all
costs and attorneys? fees incurred. The first check will be made payable to ?Eric Infantes? in
the amount of Three-thousand dollars and zero cents less all applicable tax or
pension deductions or withholdings, and will be reported as wage income on IRS Form W-2.
The second check will be made payable to ?Gina Mendola Longarzo, Esq in Trust for Eric
Infantes? in the amount of Twenty-Two thousand dollars and zero cents ($22,000) (no
deductions or withholdings) and will be reported as income on IRS Form 1099. The third check
will be made payable to ?Gina Mendola Longarzo, Esq.? in the amount of Twenty-Five
thousand dollars and zero cents ($25,000) (no tax deductions or withholdings) in full and
complete satisfaction of the Infantes? claim for attorneys? fees, costs, and other legal expenses,
and shall be reported as income on IRS Form 1099. Jersey City agrees to deliver the
aforementioned checks to the Infantes?attorney within ninety (90) days following the delivery
to Jersey City?s counsel of this Agreement, executed with the Infantes? original signature and
the date of execution. The parties agree that no part of any payments by Jersey City pursuant to
this Agreement constitutes a fine or penalty under any law or (ii) a payment to settle any
actual or potential liability for a fine or penalty under any law.

2. TAX LIABILITY Infantes represents and warrants that neither Jersey City nor
any of its employees or agents nor counsel to the Parties provided any advice regarding the
taxability of the settlement amount to be paid pursuant to Paragraph 1. Infantes agrees that he
shall be liable for the payment of all federal, state and local taxes which may be due as the result
of the consideration received in the Settlement Payment described above, and that such
Settlement Payment is made for the settlement of disputed claims as set forth herein. Infantes
represents that he shall pay such taxes at the time and in the amount required by law. In
addition, Infantes agrees fully to defend, indemnify and hold Jersey City, and each of its
divisions, affiliates, parents, subsidiaries and operating companies, and the respective officers,
directors, employees, agents and affiliates of each of them, harmless from any liability for
payment of taxes, penalties, withholding obligations and interest that are required of him by any
government agency at any time as the result of the payment of the consideration set forth herein.
Infantes further acknowledges and agrees to hold harmless the counsel to the Parties in the event
that any federal, state or local taxing authority asserts any claim for unpaid taxes, failure to
withhold taxes, or interest based upon Jersey City?s payment of these sums to him.

3. SUFFICIENCY OF CONSIDERATION The Infantes recognize that Jersey
City disputes their claims and has asserted defenses to their claims, and that the consideration
provided in this Agreement accordingly confers upon them a benefit to which they are otherwise
not entitled. Therefore, the Infantes acknowledge and agree that the consideration provided by
Jersey City to them pursuant to this Agreement (including but not limited to Paragraph 1)
constitutes good and valuable consideration for the general release and the other promises and
terms in this Agreement. The Infantes understand and agree that they are not eligible for or
entitled to any other benefit or consideration from Jersey City except as provided in this
Agreement or except as provided pursuant to any applicable collective bargaining agreement or
applicable employment manual or policy of Jersey City.

4. GENERAL RELEASE In exchange for the Settlement Payment set forth
above in Paragraph 1, the Infantes agree, intending to be legally bound, to the maximum extent
permitted by law, to release and forever discharge Jersey City and its subsidiaries, affiliates,
divisions, agents, servants, officers, directors, employees (including but not limited to Mayor
Steven M. Fulop and Chief Robert Cowan), insurers, benefit plan fiduciaries, agents, 01'
successors (collectively, the ?Released Parties?) individually and collectively, from any and all
claims, causes of action, complaints, lawsuits or liabilities of any kind (collectively ?Clainls?),
which the Infantes, their heirs, agents, administrators or executors may have against Jersey City
or any of the other Released Parties that exist as of the date this Agreement is signed.

A. RELEASED CLAIMS - By agreeing to this General Release, the Infantes
are waiving, to the maximum extent permitted by law, any and all Claims
(the ?Released Claims?) which they have or may have against Jersey City
or any of the other Released Parties arising out of or relating to any
conduct, matter, event or omission existing or occurring prior to their
signing of this Agreement, including but not limited to the following:

any Claims relating to or arising out of lnfantes? employment with Jersey
City and/or any of its departments, agencies and/or affiliated entities;

any Claims for unpaid or withheld wages, severance, benefits, bonuses,
commissions and/or other compensation of any kind;

any Claims for reimbursement of expenses of any kind;
any Claims arising under the Employee Retirement Income Security Act;
any Claims for attorneys? fees, costs or expenses;

any Claims of discrimination and/or harassment based on age, sex,
race, religion, color, creed, disability, handicap, citizenship, national
origin, ancestry, sexual orientation, political af?liation, political
association or any other factor protected by Federal, State or Local
law such as the Age Discrimination in Employment Act, 29 U.S.C.
?621 gt: (ADEA), Title VII of the Civil Rights Act of 1964, as
amended, the Americans with Disabilities Act, the Equal Pay Act, the
New Jersey Law Against Discrimination, the New Jersey Civil Rights
Act, 42 US. Code 1983, and any Claims for retaliation under any of
the foregoing laws;

any Claims regarding leaves of absence under federal, state or local law
[including any Claims under the Family and Medical Leave Act (FMLA)
and the New Jersey Family Leave Act 

any Claims under the National Labor Relations Act;
any Claims under the Sarbanes-Oxley Act;
any Claims for Violation of public policy;

any Claims for retaliation and/or any whistleblower Claims [including any
Claims under the Conscientious Employee Protection Act];

any Claims of political retaliation;

any Claims related to or arising from Infantes? Complaint to Captain
Martinez, Jersey City Police Department, dated August 28, 2013 and from
the beginning of time to date.

any Claims related to or arising under Infantes? complaint to the City of
Jersey City Police Department, Internal Affairs Case 2014?048, and any
complaint filed by Infantes with the City of Jersey City Police Department
filed prior to the execution of this Settlement Agreement.

any Claims for emotional distress or pain and suffering; and/or

any other statutory or common law Claims, now existing or hereinafter
recognized, known or unknown, asserted or unasserted, including, but not
limited to, breach of contract, libel, slander, fraud, wrongful discharge,
promissory estoppel, equitable estoppel and misrepresentation.

B. NON-RELEASED CLAIMS - It is important that the Infantes understand
that this General Release includes all Claims known or unknown to them,
including those that they may have asserted or raised previously as well as
those that they have not raised or asserted previously. The General Release in
Paragraph 4A above does pg apply to:

Any Claims for vested benefits under any City retirement and/or 401(k)
plan;

Any Claims to require Jersey City to honor its commitments set forth in
this Agreement;

Any Claims to interpret or to determine the scope, meaning or effect of
this Agreement;

Any Claims relating to any conduct, matter, event 01' omission occurring
after they signed this Agreement;

Any past, pending or future claims for Worker?s Compensation benefits
and awards.

Any claim which cannot be waived as a matter of law.

5. COVENANT NOT TO SUE H- The Infantes agree not to file or initiate a lawsuit
in any court, initiate an arbitration proceeding, or opt into any collective action or class action,
asserting any of the Released Claims against any of the Released Parties. The Infantes further
agree that they will not permit themselves to be a member of any class in any court or in any
arbitration proceeding seeking relief against the Released Parties based on claims released by
this Agreement, and that even if a court, arbitrator, or government agency rules that they may
not waive a claim released by this Agreement, they will not accept or be entitled to any money
damages or other relief in connection with any other action or proceeding asserting any of the
Released Claims against any of the Released Parties. The Infantes agree to reimburse the
Released Parties for any legal fees that they incur as a result of any breach of this paragraph by
Infantes.

6. N0 FAIR LABOR STANDARDS ACT WAGES CLAIM
The Infantes represent that they are not aware of any facts that would support a claim against any
of the Released Parties for unpaid overtime or any other alleged violation of the Fair Labor
Standards Act or comparable state or city law. Infantes represents and agrees that he has been
paid all of his normal and customary wages for services rendered during his employment with
Jersey City, and is not due and owing any additional monies/holidays or vacation days for
services rendered.

7. CONFIDENTIALITY To the extent permitted by law, the Infantes agree to
keep all of the terms and conditions of this Agreement (including but not limited to the amount
of the Settlement Payments) strictly confidential, subject to all applicable laws. The Infantes
represent that they have not disclosed and agree that they will not disclose the existence of this
Agreement or any of the terms or conditions of this Agreement to anyone other than a current
spouse, attorney, tax or financial adviser, medical provider, any taxing authority, any court of
competent jurisdiction in order to enforce the terms of this Agreement, or as may be required
pursuant to law or legal process. The Infantes further agree to take reasonable steps to ensure
that any information concerning this Agreement which is disclosed to a spouse, attorney or tax or
financial advisor will not be disclosed to any other third party, including but not limited to
informing such persons that the terms and conditions of this Agreement are strictly confidential
and that they may not be disclosed or discussed with anyone else. If the Infantes are asked about
the status of this case by anyone else, they shall respond that ?The case was resolved
confidentially? and will not say anything further. The Infantes acknowledge that this
Confidentiality provision constitutes a material inducement to Jersey City agreeing to settle this
matter, and that Jersey City would not have settled this matter but for the Infantes agreeing to the
terms and conditions of this paragraph 7.

8. PROHIBITION ON NEGATIVE COMMENTS ?Jersey City, its agents and
employees and the Infantes agree that, to the extent permitted or prohibited by law, they will not
make any negative comments or disparaging remarks, in writing, orally or electronically, about
each other or any Released Party. However, nothing in this Agreement shall be interpreted to
restrict Jersey City, its agents? and employees? or the Infantes? right and obligation: to testify
truthfully in any forum; (ii) to cooperate fully and provide information as requested in any
investigation by a governmental agency or commission or as required by law; or to exercise
their First Amendment rights to participate in public discourse about public issues.

9. INJUNCTIVE RELIEF Without limiting the remedies available to the
Released Parties, the Infantes acknowledge that a proven breach of any of the covenants
contained in any of the sections above labeled Confidentiality and Prohibition on Negative
Comments may result in irreparable injury to the Released Parties for which there is no adequate
remedy at law, and that, in the event of such a breach or threat thereof, the affected Released
Party shall be entitled to seek, in addition to any other relief that may be available, a temporary
restraining order and/or a preliminary or permanent injunction, restraining the Infantes from
engaging in activities prohibited by any of the covenants contained herein, as well as such other
relief as may be required specifically to enforce any of the covenants contained herein, without
the payment of any bond.

10. NON-ADMISSION OF WRONGDOING The Parties agree that this
Agreement does not constitute an admission by Jersey City or any of the Released Parties of any
of the matters alleged in the Lawsuit or of any violation by them of any federal, state 01' local
law, ordinance or regulation, or of any violation of any policy or procedure, or of any liability or
wrongdoing whatsoever. Neither this Agreement nor anything in this Agreement shall be
construed to be or shall be admissible in any proceeding as evidence of liability or wrongdoing
by Jersey City or any of its subsidiaries, affiliates, divisions, agents, servants, officers, directors,
employees, insurers, benefit plan fiduciaries, agents, or successors. This Agreement may be
introduced, however, in any proceeding to enforce this Agreement. Such introduction shall be

pursuant to an order protecting its confidentiality, which order Jersey City shall apply for and the
Infantes will not oppose.

ll. WAIVER OF DAMAGES - Nothing herein is intended to or shall interfere with
the Infantes? right and/or obligations to participate in a proceeding with any appropriate federal,
state or local government agency enforcing federal or state discrimination and/or retaliation laws
and/or cooperating with said agency in its investigation. The Infantes, however, shall not be
entitled to receive any relief, recovery or monies in connection with any complaint or charge
brought against any of the Released Parties, without regard as to who brought any such complaint
or charge for any claim released herein.

12. GOVERNING LAW This Agreement shall be governed by and conformed in
accordance with the laws of the State of New Jersey without regard to its conflict of laws
provisions.

l3. COUNTERPARTS This Agreement may be executed in counterparts and each
counterpart will be deemed an original.

14. REPRESENTATION BY COUNSEL: UNDERSTANDING OF
AGREEMENT The Infantes agree and represent that:

A. They have read carefully the terms of this Agreement, including the General
Release;

B. They have had an opportunity to and have been encouraged to review this
Agreement, including the General Release, with an attorney;

C. They understand the meaning and effect of the terms of this Agreement,
including the General Release;

D. Their decision to sign this Agreement, including the General Release, is of
their own free and voluntary act without compulsion of any kind;

E. No promise 01' inducement not expressed herein has been made to them; and

F. They have adequate information to make a knowing and voluntary waiver.

15. SECTION HEADINGS Section headings contained in this Agreement are for
convenience of reference only and shall not affect the meaning of any provision herein.

l6. SEVERABILITY Should any term or provision of this Agreement be declared
illegal, invalid or unenforceable by any court of competent jurisdiction and if such provision
cannot be modified to be enforceable, such provision shall immediately become null and void,
leaving the remainder of this Agreement in full force and effect. The language of all parts of this
Agreement shall in all cases be construed as a whole, according to its fair meaning, and not
strictly for or against any of the parties.

17. ENTIRE AGREEMENT This Agreement sets forth the entire agreement
between the parties hereto and fully supersedes any and all prior and/or supplemental
understandings, whether written or oral, between the parties concerning the subject matter of this
Agreement. The Infantes acknowledge that they have not relied on any representations,
promises 01' agreements of any kind made to them in connection with their decision to accept the
terms of this Agreement, except for the representations, promises and agreements herein. Any

modification to this Agreement must be in writing and signed by the Infantes and Jersey City?s
Corporation Counsel.

PAGE 

IN WITNESS WHEREOF, the Parties knowingly and voluntarily executed this
Settlement Agreement and General Release as of the date set forth below.

PLAINTIFFS WITNESS

 
   

BY:

 

 

ErihnM

 lat/)5

 

   

 

 

 

 

 

 

BY:    

yzanne Infaflte

.. 
DATE: if)? DATE: 
CITY OF JERSEY CITY
BY:  

1/
Megan L. Morey, Esq.

ASSISTANT CORPORATION COUNSEL
Jeremy Farrell
CORPORATION COUNSEL

DATE: MM \9

v6

SETTLEMENT AGREEMENT AND GENERAL RELEASE

This is a Settlement Agreement and General Release (?Agreement?) by and between: (1)
Anthony Musante (?Musante?) and his wife, Michelle Musante (collectively, ?the Musantes?);
and (2) the City of Jersey City (?Jersey City?). Jersey City includes its current and past
subsidiaries, af?liates, divisions, agents, servants, officers, directors, employees (including, but
not limited to, Mayor Steven M. Fulop and Chief Robert Cowan), insurers, bene?t plan
fiduciaries, agents, or successors. Jersey City and the Musantes will sometimes collectiver be
referred to herein as .?the Parties.? -

WHEREAS, The Musantes asserted a claim against the City of Jersey City for purported
injury damage or loss on March 3, 2014 (SE Exhibit A attached hereto);

WHEREAS, Jersey City denies the allegations in the Musantes claim, and denies that it,
or any of its subsidiaries, af?liates, divisions, agents, seryants, officers, directors, employees,
insurers, bene?t plan ?duciaries, agents, or successors are liable for any claims raised by the
Musantes;

.Q

WHEREAS, the Parties mutually desire to resolve all of their disputes.

NOW THEREFORE, in consideration of the foregoing, and of the promises and mutual
covenants herein contained, the parties agree as follows:

1. SETTLEMENT PAYMENT - In consideration for the Musantes? agreement to
all of the terms, conditions and promises in this Agreement, Jersey City and the Musantes agree
that: (1) Anthony Musante shall be placed in the Background Unit of the Police Chief effective
February 1, 2015; and (2) Jersey City will pay to or on behalf of Musante the sum of ?ty
thousand dollars and zero cents ($50,000) (the ?Settlement Payment?), inclusive of any and all
costs and attorneys? fees incurred. The ?rst check will be made payable to ?Anthony Musante?
in the amount of Three?thousand-dollars and zero cents less applicable tax deductimrs
or withholdings, and will be reported as wage income on IRS Form The second check will
be made payable to ?Gina Mandela Longarzo, Esq. in Trust for Anthony Musantc? in the
amount of Twenty-two thousand dollars and zero cents ($22,000) (no tax deductions or
withholdings) and will be reported as income on IRS Form 1099. The third cheek will be made
payable to ?Gina Mendola Longarzo, Esq.? in the amount of Twenty-?ve thousand dollars and
zero cents ($25,000) (no tax? deductions or withholdings) in full and complete satisfaction of the
Musantes? claim for attorneys? fees, costs, and other legal expenses, and shall be reported as
income on IRS Form 1099. Jersey City agrees to deliver the aforementioned checks to the
Musantes? attorney within ninety (90) days following the delivery to Jersey City?s counsel of
this Agreement, executed with the Musantes? original signature and the date of execution,
provided, however, that no payment shall be due until after the Effective Date of this Agreement,
after the expiration of the seven-day revocation period described in below. The parties agree
that no part of any payments by Jersey City pursuant to this Agreement constitutes a ?ne or
penalty under any law or (ii) a payment to settle any actual or potential liability for a ?ne or
penalty under any law.

 

 

2. TAX LIABILITY Musante represents and warrants that neither Jersey City or
any of its employees or agents nor counsel to the Parties provided any advice regarding the
taxability of the settlement amount to be paid pursuant to Paragraph 1. Musante agrees that he
shall be liable for the payment of all federal, state and local taxes which may be due as the result
of the consideration received in the Settlement Payment described above, and that such
Settlement Payment is made for the settlement of disputed claims as set forth herein. Musante
represents that he shall pay such taxes at the time and in the amount required by law. In
addition, Musante agrees fully to defend, indemnify and hold Jersey City, and each of its
divisions, af?liates, parents, subsidiaries and operating companies, and the respective officers,
directors, employees, agents and af?liates of each of them, harmless from any liability for
payment of taxes, penalties, withholding obligations and interest that are required of him by any
government agency at any time as the result of the payment of the consideration set forth herein.
Musante further acknowledges and agrees to hold harmless the counsel to the Parties in the event
that any federal, state or local taxing authority asserts any claim for unpaid taxes, failure to
withhold taxes, or interest based upon Jersey City?s payment of these sums to him.

3. SUFFICIENCY OF CONSIDERATION The Musantes recognize that Jersey
City disputes their claims and has asserted defenses to their claims, and that the consideration
provided in this Agreement accordingly confers upon them a bene?t to which they are otherwise
not entitled. Therefore, the Musantes acknowledge and agree that the consideration provided by
Jersey City to them pursuant.to this Agreement (including but not limited to Paragraph 1)
constitutes good and valuable consideration for the general release and the other premises and
terms in this Agreement. The Musantes understand and agree that they are not eligible for or
entitled to any other bene?t or consideration from Jersey City except as provided in this
Agreement or except as provided pursuant to any collective bargaining agreement or applicable
employment manual or policy of Jersey City.

4. GENERAL RELEASE In exchange for the Settlement Payment set forth
above in Paragraph 1, the Musantes agree, intending to be legally bound, to the maximum extent
permitted by law, to release and forever discharge Jersey City and its subsidiaries, af?liates,
divisions, agents, servants, of?cers, directors, employees (including but not limited to Mayor
Steven M. Fulop and Chief Robert (Iowan), insurers, bene?t plan ?duciaries, agents, _or
successors (collectively, the ?Released Parties?) individually and collectively, from any and all
claims, causes of action, complaints, lawsuits or liabilities of any kind (collectively ?Ciaiins?),
which the Musantes, their heirs, agents, administrators or executors may have against Jersey City
or any of the other Released Parties that exist as of the date this Agreement is signed.

A. RELEASED CLAIMS - By agreeing to this General Release, the
Musantcs are waiving, to the maximum extent permitted by law, any and
all Claims (the ?Released Claims?) which they have or may have against
Jersey City or any of the other Released Parties arising out of or relating
to any conduct, matter, event or omission existing or occurring prior to
their signing of this Agreement, including but not limited to the
folloiving:

any Claims relating to or arising out of Musante?s employment with Jersey
City and/or any of its departments, agencies and/or af?liated entities;

 

?nance-nun.

 

mot?-

 

any Claims for unpaid or withheld wages, severance, bene?ts, bonuses,
commissions and/or other compensation of any kind;

any Claims for reimbursement of expenses of any kind;
any Claims arising under the Employee Retirement Income Security Act;
any Claims for attorneys? fees, costs or expenses;

any Claims of discrimination and/or harassment based on age, sex,
race, religion, color, creed, disability, handicap, citizenship, national
origin, ancestry, sexual orientation, political af?liation, political
association or any other factor protected by Federal, State or Local
law (such as the Age Discrimination in Employment Act,'29 U.S.C.
?621 seq, (ADEA), TitleVlI of the Civil Rights Act of 1964, as
amended, the Americans with Disabilities Act, the Equal Pay Act, the
New Jersey Law Against Discrimination, the New Jersey Civil Rights
Act, 42 US. Code 1983, and any Claims for retaliation under any of
the foregoing laws;

any Claims regarding leaves of absence under federal, state or local law
[including any Claims under the Family and Medical Leave Act (F MLA)
and the New Jersey amin Leave Act (F 

any Claims under the National Labor Relations Act;
any Claims under the Sarbanes-Oxley Act;
any Claims for violation ofpublio policy;

any Claims for retaliation and/or any whistleblower Claims [including any
Claims under the Conscientious Employee Protection Act];

any Claims of political retaliation;

any complaint ?led by Musante with the City of Jersey City Police
Department ?led prior to the execution of this Settlement Agreement;

any Claims for emotional distress or pain and suffering; and/or

any other statutory or common law Claims, now?existing or hereina?er
recognized, brown or unknown, asserted or unasseited, including, but not
limited to, breach of contract, libel, slander, fraud, wrongful discharge,
promissr'n?y estoppel, equitable estoppcl and misrepresentation.

B. NON-RELEASED CLAIMS - It is important that the Musantes understand
that this General Release includes all Claims known or unknown to them,
including those that they may have asserted or raised previously as well as

 

 

those that they have not raised or asserted previously. The General Release in
Paragraph 4A above does not apply to:

Any Claims for vested bene?ts under any City retirement and/0r 401(k)
Plan;

Any Claims to require Jersey City to honor its commitments set forth in
this Agreement;

Any Claims to interpret or to determine the scope, meaning or effect of
this Agreement;

Any Claims relating to any conduct, matter, event 01' omission occurring
after they signed this Agreement;

Any past, pending or future claims for Worker?s Compensation bene?ts
and awards.

Any claim which cannot be waived as a matter of law.

5. COVENANT NOT 0 SUE - The Musantes agree not to ?le or initiate a
lawsuit in any court, initiate an arbitration proceeding, or opt into any collective action or class
action, asserting any of the Released Claims against any of the Released Parties. The Musantes
further agree that they will not permit themselves to be a member of any class in any court or in
any arbitration proceeding seeking relief against the Released Parties based on claims released
by this Agreement, and that even if a court, arbitrator, or government agency rules that they
may not waive a claim released by this Agreement, they will not accept or be entitled to any
money damages or other relief in connection with any other action or proceeding asserting any
of the Released Claims against any of the Released Parties. The Musantes agree to reimburse
the Released Parties for any legal fees that they incur as a result of any breach of this paragraph
by the Mus antes.

6. NO FAIR LABOR STANDARDS ACT CLAIMJUNPAID WAGES CLAIM
The Musantes represent that they are not aware of any facts that would support a claim against
any of the Released Parties for unpaid overtime or any other alleged violation of the Fair Labor
Standards Act or comparable state or city law. Musante represents and agrees that he has been
paid all of his normal and customary wages for services rendered during his employment with
Jersey City, and is not due and owing any additional monies/holidays or vacation days for
services rendered. 

7. To the extent permitted by law, the Musantes agree to
keep all of the terms and conditions of this Agreement (including but not limited to the amount
of the Settlement Payments) strictly con?dential, subject to all applicable laws. The Musantes
represent that they have not disclosed and agree that they will not disclose the existence of this
Agreement or any of the terms or conditions of this Agreement to anyone other than a current

spouse, attorney, tax or ?nancial adviser, mediCal provider, any taxing authority, any court of -

competent jurisdiction in order to enforce the terms of this Agreement, or as may be required
pursuant to law or legal process. The Musantes further agree to take reasonable steps to ensure

 

 



 

that any information concerning this Agreement which is disclosed to a spouse, attorney or tax or
?nancial adviser will not be disclosed to any other third party, including but not limited to
informing such persons that the terms and conditions of this Agreement are strictly con?dential
and that they may not be disclosed or discussed with anyone else. If the Musantes are asked
about the status of this case by anyone else, they shall respond that ?The case was resolved
con?dentially? and will not say anything further. The Musantes acknowledge that this
Con?dentiality provision constitutes a material inducement to Jersey City agreeing to settle this
matter, and that Jersey City would not have settled this matter but for the Musantes agreeing to
the terms and conditions of this paragraph 7.

8. PROHIBITION ON NEGATIVE COMMENTS Jersey City, its agents and
employees and the Mnsantes agree that, to the extent permitted or prohibited by law, they will
not make any negative comments or disparaging remarks, in writing, orally or electronically,
about each other or any Released Party. HoweVer, nothing in this Agreement shall be interpreted
to restrict Jersey City, its agents? and employees? or the Musantes? right and obligation: to
testify truthfully in any forum; (ii) to cooperate fully and provide information as requested in any
investigation by a governmental agency or commission or as required by law; or to exercise
their First Amendment rights to participate in public discourse about public issues.

9. INJUN CT IVE RELIEF Without limiting the remedies available to the
Released Parties, the Musantes acknowledge that a proven breach of any of the covenants
contained in any of the sections above labeled Con?dentiality and Prohibition on Negative
Comments may result in irreparable injury to the Released Parties for which there is no adequate
remedy at law, and that, in the event of such a breach or threat thereof, the affected Released
Party shall be entitled to seek, in addition to any other relief that may be available, a temporary
restraining order andfor a preliminary or permanent injunction, restraining the Musantes from
engaging in activities prohibited by any of the covenants contained herein, as well as such other
relief as may be required speci?cally to enforce any of the covenants contained herein, without
the payment of any bond.

10. NON-ADMISSION 0F WRONGDOING The Parties agree that this
Agreement does not constitute an admission by Jersey City or any of the Released Parties of any
of the matters alleged in the Lawsuit or of any violation by them of any federal, state or local
law, ordinance or regulation, or of any violation of any policy or procedure, or of any liability or
wrongdoing whatsoever. Neither this Agreement nor anything in this Agreement shall be
construed to be or shall be admissible in any proceeding as evidence of liability or wrongdoing
by Jersey City or any of its subsidiaries, af?liates, divisions, agents, servants, of?cers, directors,
employees, insurers, bene?t plan ?duciaries, agents, or successors. This Agreement may be
introduced, hots/ever, in any proceeding to enforce this Agreement. Such introduction shall be
pursuant to an order protecting its con?dentiality, which order Jersey City shall apply for and the
Musantes will not oppose.

ll. WAIVER OF DAMAGES - Nothing herein is intended to or shall interfere with
the Musantes? right and/or obligations to participate in a proceeding with any appropriate federal,
state or local government agency enforcing federal or state discrimination laws and/or cooperating
with said agency in its investigation. The Musantes, however, shall not be entitled to receive any
relief, recovery or monies in connection with any complaint or charge brought against any of the

 

 



 

Released Parties, without regard as to who brought any such complaint or charge for any claim
released herein.

12. GOVERNING LAW - This Agreement shall be gOVerned by and conformed in
accordance with the laws of the State of New Jersey without regard to its con?ict of laws
provisions.

13. OUNTERPARTS This Agreement may be executed in counterparts and each
counterpart will be deemed an original.

14. REPRESENTATION BY UNDERSTANDING OF
AGREEMENT The Musantes agree and represents that:

A. They have read care?illy the terms of this Agreement, including the General
Release;

B. They have had an opportunity to and have been encouraged to review this
Agreement, including the General Release, with an attorney;

C. They understand the meaning and effect of the terms of this Agreement,
including the General Release;

Their decision to sign this Agreement, including the General Release, is of
their own free and voluntary act without compulsion of any kind;

E. No promise or inducement not expressed herein has been made to them; and

They have adequate information to make a knowing and voluntary waiver.

15. EMPLOYEE RIGHTS UNDER THE OLDER WORKERS BENEFIT
PROTECTION ACT ?Mnsante acknowledges that he has been afforded 21 days to
consider this Agreement. If Musante signs this Agreement before the expiration of such 21
days, Musantc is representng that he has elected to waive his rights with respect to the
entire 21 days to consider this Agreement; he acknowledges that he has done so voluntarily
and with the full understanding that he is waiving his statutory right to do so. If Musante
chooses to execute this Agreement, he has the right to revoke his acceptance at any time
within seven (7) days of the date on which he signed the Agreement. Any revocation within
the applicable seven day period must be signed and submitted in writing (which shall
include transmission by e-mail) to Jersey City?s Assistant Corporation Counsel, Megan
Morey, Esq. (mmorey@jcnj.org) and state, hereby revoke my acceptance of our
Settlement Agreement and General Release.? If Musante decides to revoke the Agreement,
the revocation shall make this Agreement and its terms and conditions null and void. This
Agreement shall not become effective and enforceable until the seven-day revocation
period has expired (?Effective Date?). Jersey City advises Musante to consult with his
attorney prior to executing this Agreement.

16. SECTION READINGS - Section headings contained in this Agreement are for
convenience of reference only and shall not affect the meaning of any provision herein.

1?7. SEVERABILITX - Should any term or provision of this Agreement be declared
illegal, invalid or unenforceable by any court of competent jurisdiction and if such provision
cannot be modified to be enforceable, such provision shall immediately become null and void,

 

 

leaving the remainder of this Agreement in ?ill force and effect. The language of all parts of this
Agreement shall in all cases be constmed as a Whole, according to its fair meaning, and not
strictly for or against any of the parties.

18. ENTIRE AGREEMENT - This Agreement sets forth the entire agreement
between the parties hereto and fully supersedes any and all prior and/or supplemental
understandings, whether written or oral, between the parties concerning the subject matter of this
Agreement. The Mnsantes acknowledge that they have not relied on any representations,
promises or agreements of any kind made to them in connection with their decision to accept the
terms of this Agreement, except for the representations, promises and agreements herein. Any
modi?cation to this Agreement must be in writing and signed by Musante and Jersey City?s
Corporation Counsel.

PAGE 



 

 

IN WITNESS WHEREOF, the parties knowingly and voluntarily executed this
Settlement Agreement and General Release as of the date set forth below.

PLAINTIFFS

BY: mm

Anthony Musante

DATE: 4/97/?r

 

BY:  

Michelle Musante

DATE: 

 

CITY OF JERSEY CITY

BY: ?L?igke/LM/V/g

Megan L. Morey, Esq.

WITNESS

BY: (4 Mazda/l 

 

DATE: LquIlf

 

BY: 

 

DATE: 

ASSISTANT CORPORATION COUNSEL

Jeremy Farrell
CORPORATION COUNSEL

DATE: ?la?l?w?bl