CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE This Con?dential Settlement Agreement and Release (?Agreement?) is made by and between ?(?Complainant?) and the Of?ce of Representative John Conyers (?Respondent? or ?the Of?ce?), collectively referred to as ?the parties,? and is intended to settle any and all outstanding disputes or claims between the parties. For good and valuable consideration, the adequacy of which is acknowledged by each party, the parties agree as follows: PART I Mutual Consideration and Representations l. The parties enter into this Agreement as a settlement and compromise of disputed claims including, but not limited to, the claims that were or could have been raised in Of?ce of Compliance Case No.? It is expressly understood and agreed that neither the offering of nor the execution of this Agreement, nor the performance of any obligation under this Agreement, is intended or shall be understood as an acknowledgment of responsibility, admission of liability, or other expression re?ecting upon the merits of any dispute or claims between the parties. The Of?ce of Representative John Conyers hereby expressly denies Complainant?s allegations and expressly denies any liability whatsoever to Complainant. 2. This Agreement constitutes the sole and entire agreement between the parties and shall supersede and extinguish any and all prior agreements, whether written or oral, between the parties. N0 term or provision of this Agreement may be modi?ed, waived, or terminated orally, but only by a written document signed by both parties. 3. The waiver by any party of any breach of any provision of this Agreement shall not constitute or Operate as a waiver of any other provision, nor shall any failure to enforce any provision of this Agreement operate as a waiver at such time, or any further time, of such provision or any other provision of this Agreement. 4. If any term or provision of this Agreement becomes inoperative 0r unenforceable by Operation of law, that provision shall be severed from the Agreement and the remainder of this Agreement shall be enforceable. 5. The parties warrant that they have read this Agreement carefully and completely, and sign it voluntarily, of their own free will, without coercion, undue in?uence, threat, or intimidation of any kind whatsoever. The parties further warrant that the undersigned are competent to execute this Agreement on behalf of themselves and/or their principals. [n executing this Agreement, the parties do not rely and have not relied on any documents or statements, whether written or oral, other than those speci?cally set forth in this Agreement. Any such documents or statements not speci?cally set forth in this Agreement are null and void. CONFIDENTIAL 6. The parties acknowledge that they have cooperated in the drafting and preparation of this Agreement and, in any construction to be made of this Agreement, any ambiguity shall not be construed presumptively against either party. 7. The parties agree that neither this Agreement nor its terms shall be admissible as evidence or discoverable in any judicial, administrative, or other proceeding, except in a legal proceeding concerning the enforceability of this Agreement or any of its terms. 8. This Agreement shall in all respects be interpreted, enforced, and governed by the provisions of the Congressional Accountability Act, 2 U.S.C. 1301-1438, and the applicable laws of the District of Columbia. 9. This Agreement shall not become effective until after the expiration of the 7-day revocation period referenced in Paragraph 17 (and assuming that Complainant does not revoke this Agreement during the revocation period) and after the Agreement is approved by the Executive Director of the Of?ce of Compliance referenced in Paragraph 18. PART II Complainant's Consideration 10. Complainant, for herself and on behalf of her agents, attorneys, heirs, assigns, successors, executors, administrators, and/or anyone claiming through or under them, hereby irrevocably, ?nally, and forever releases and discharges the Of?ce, Representative John Conyers, and the Of?ce?s current and former employees, attorneys, assigns, successors, agents, representatives and/or administrators, from any and all debts, liabilities, claims, obligations, demands, costs, losses, damages, liens, back pay, front pay, andfor expenses and attorney fees arising under any local, state or federal law, including the Congressional Accountability Act (2 U.S.C. 1301-1438) which incorporates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Fair Labor Standards Act of 1938, the Family and Medical Leave Act of 1993, the Employee Polygraph Protection Act of 1988, the Worker Adjustment Retraining and Noti?cation Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, the Veterans Employment Opportunity Act of 1998, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Occupational Safety and Health Act of 1970, the Genetic Information Nondiscrimination Act of2008, and the Federal Service Labor-Management Relations Statute, for any acts or conduct whatsoever, whether known or unknown, whether cennected with the employment of Complainant by the Of?ce or not, which may have existed prior to or contemporaneously with the execution of this Agreement. This release includes, but is not limited to, all claims that were made and asserted, or could have been made or asserted, in any claim, complaint, request for counseling or request for mediation that Complainant has ?led with the Of?ce of Compliance, including, but not limited to, Case No.? CONFIDENTIAL 1 1. Complainant hereby represents and warrants that she is not owed any wages from the Office for work performed, whether salary, overtime, bonuses, or for accrued but unused paid time off. 12. Complainant further covenants and promises that she will not ?le or cause to be ?led any lawsuits, complaints, demands, actions, disputes, proceedings, claims or charges against the Of?ce, or any current or former af?liate, representative or employee of the Of?ce, for any alleged acts, omissions and/or events, whether now known or unknown, that have or may have occurred prior to, or arising contemporaneously with, the date Complainant signs this Agreement. In other words, neither Complainant nor anyone acting on behalf of Complainant may pursue a legal claim against the Of?ce on Complainant?s behalf for any matters that arose prior to or contemporaneously with the execution of this Agreement. Complainant hereby represents and warrants that she has not contractually assigned or otherwise transferred to any other person or entity any interest in any claim, demand, action, and/or cause of action that she has, or may have, or may claim to have against the Of?ce andJor the other persons and entities released by this Agreement. Complainant agrees to withdraw and/or dismiss with prejudice any claims against the Of?ce (if any) that are currently ?led or have been ?led with the Of?ce of Compliance and/or in federal court (if any) arising out of or related to Of?ce of Compliance Case No. 13. Complainant agrees that, other than in communications with her attorneys, tax consultants, or as otherwise required by law, she has not disclosed and she shall not disclose to any third party any statements under this Agreement, the terms contained in this Agreement, any and all discussions, negotiations, or mediations between the parties regarding this Agreement, and/or the allegations she made in Case No. Complainant further agrees to abide by all applicable con?dentiality requirements set forth in section 416 of the Congressional Accountability Act (2 U.S.C. 1416), the parties? Mediation and Con?dentiality Agreementfs), and the procedural rules of the Of?ce of Compliance. Complainant is aware of these requirements that state that the Of?ce of Compliancc?s mediation and hearing processes, including all communications, statements, and documents made or prepared in connection thereof, are con?dential. Complainant shall not disclose in whole or in part any communications, statements, or documents prepared for or in this mediation (including, but not limited to, the af?davits and all other documents prepared or exchanged in mediation). 14. Complainant agrees that she will not disseminate or publish, or cause anyone else to disseminate or publish, in any manner, disparaging or defamatory remarks or comments adverse to the interests of Representative John Conyers, the Of?ce of Representative John Conyers, and/or any of the Of?ce?s present or former employees, designees, agents or representatives, including, but not limited to, any statements that disparage any such person?s capability, judgment, or any aspect of the operations of the Of?ce. Further, Complainant agrees that she will not engage in any conduct intended to harm professionally or personally the reputation of Representative John Conyers, the Office, or any of the Of?ce?s present or former employees, designees, agents or representatives. CONFIDENTIAL 15. Complainant will not reveal in any way to any individual or entity any sensitive and/or con?dential information regarding the Of?ce. Examples of sensitive or con?dential information include, but are not limited to, information designated as classi?ed or secret by the government; the Of?ce?s internal legislative or political strategy; matters involving the personal or professional lives of Representative Conyers or his family, or the Of?ce?s employees or former employees; personal information regarding the Of?ce?s constituents; and information concerning the internal operations of the Of?ce, including personal and/or work-related conversations amongst the Of?ce?s employees, former employees, Complainant, andror Representative Conyers, among others. 16. Nothing in paragraphs 13, 14, or 15 shall, however, prohibit Complainant from honestly responding to legal process compelling statements of facts or opinions with regard to the Of?ce. In such case, however, Complainant shall notify the Office?s counsel of the request or demand for such disclosure and in a manner so as to permit a reasonable opportunity for the Of?ce to challenge the subpoena or other request for compelled disclosure. Moreover, unless otherwise ordered by a court or entity with authority, Complainant shall await the ?nal outcome of the Of?ce?s action (for example, a motion to quash) before providing any information, facts, or opinions in response to any such disclosure request and/or subpoena. Part Waiver of Claims under the Age Discrimination in Employment Act Complainant acknowledges and agrees that she has 21 calendar days to review and consider this Agreement. Complainant also acknowledges that she may elect to waive the 21- day consideration period and sign this Agreement at any time. The 21-day consideration period shall commence on May 28, 2015. Changes the parties negotiate to this Agreement, if any, whether material or immaterial, do not restart the running of the 21-day period. If Complainant signs this Agreement sooner, she acknowledges that she waives the remainder of the 21-day review period. If Complainant signs this Agreement, Complainant shall return the signed Agreement to the Of?ce of House Employment Counsel by email (to and_ or by fax at 202-225-7033. Complainant shall then have 7 calendar days after signing this Agreement to revoke the same. If Complainant exercises her right to revoke within 7 calendar da 5, she a rees to immediately provide written notice of the revocation via email mind Neither Complainant nor the Of?ce may waive this 7?day revocation period. Complainant acknowledges that the Of?ce hereby encourages Complainant to consult with her attorneys, at Complainant?s expense, regarding the terms of this Agreement before signing it, and that she had the opportunity to consult such attorneys prior to execution of the Agreement. If Complainant does not exercise her right to revoke within 7' calendar days, this Agreement then becomes irrevocable by her. 18. If Complainant signs this Agreement, and returns the signed Agreement to the Of?ce?s counsel, and if she does not revoke this Agreement as speci?ed in paragraph 17, the Of?ce will forward the fully-executed Agreement to the Executive Director of the Of?ce of Compliance (?Executive Director?) for approval pursuant to 2 U.S.C. 1414. If the Executive Director CONFIDENTIAL approves this Agreement, this Agreement will then become fully effective under 2 U.S.C. 1414. Part IV The Of?ce?s Consideration 19. After the revocation period identi?ed in paragraph 17 expires (and assuming that Complainant does not revoke this Agreement), and after the Executive Director approves this Agreement pursuant to paragraph 18, the Of?ce agrees to rehire Complainant as a temporary employee for a period of three months (?the severance period?). During the severance period, Complainant will receive gross pay of $9,037.25 per month, for total gross payments during the severance period equaling $27,111.75, less applicable withholdings and deductions. Complainant will be paid on the Of?ce?s customary pay dates and via direct deposit that Complainant will arrange with House?s Of?ce of Payroll and Bene?ts. During the severance period, Complainant will not perform work for the Of?ce, she will not have access to Of?ce information, preperty, or email, she will not come to the Of?ce?s premises, she will not act in a manner adverse to the interests of the Of?ce, and she will not represent to third parties that she is currently af?liated with the Office. 20. To the extent it is necessary for Complainant to complete paperwork under House procedures in order to be rehired, andfor comply with other legal requirements that may be necessary in order for the Of?ce to be able to rehire her as a temporary employee during the severance period, Complainant agrees to complete such paperwork and comply with such legal requirements as necessary. 21. In the event Complainant is employed by another employer during the severance period, Complainant agrees to comply with all applicable ethical rules and statutory provisions that may govern her dual employment with the Of?ce while employed by another entity. Such rules may preclude Complainant from continuing to receive pay from the Of?ce during such time that she is employed by another federal entity. Complainant hereby warrants and represents that, as of the date she signs this Agreement, she does not have other employment that would conlliet with her House employment andfor prohibit her from receiving pay from the Of?ce while also being paid by such other employer. Furthermore, Complainant agrees that the Of?ce?s obligation to maintain Complainant on the payroll during the severance period will cease if Complainant commences other employment during the severance period that is impermissible under law or House ethical rules. Complainant expressly acknowledges, however, that the pay she receives from the Of?ce from the effective date of this Agreement until the date she commences such other employment constitutes adequate consideration for this Agreement, and her waiver and release of claims, remains fully binding. 22. During the period Complainant is rehired as a temporary employee, Complainant shall not be eligible for bene?ts retirement, life insurance, health insurance), consistent with applicable law and House rules. CONFIDENTIAL 23. At the end of the severance period, Complainant will be removed from the payroll, and the Of?ce shall have no further obligation to employ or pay Complainant after the end of the severance period. 24. The Of?ce agrees that Complainant may submit a letter of resignation (a draft of which is attached hereto as Exhibit A) and the Of?ce will accept that letter. 25. Complainant should ensure that any requests for references by potential employers are directed speci?cally to Martin (or Ms. Martin?s successor(s) as Chief of Staff of the Of?ce). The Of?ce shall advise Martin, or her successor, to respond to any such employment reference requests by stating that Complainant submitted a letter of resignation, which was accepted, and by identifying the dates of Complainant?s employment, her salary, and positions held. In the event that Complainant believes that an employment reference will be scught from Martin (or her successor) more than one year after the date Complainant signs this Agreement, Complainant shall ?rst advise the Of?ce (by contacting Martin or her successor) that she believes an employment reference will be requested. The parties con?rm their agreement to all of the foregoing terms and conditions by signing below. Date: Complainant Date: On behalf of the Of?ce of Representative John Conyers Pursuant to Section 414 of the Congressional Accountability Act, 2 U.S.C. Section 1414, the Of?ce of Com ?ance hereby approves the foregoing Settlement Agreement between dam! the Of?ce of Representative John Conyers. Date: Barbara Sapin, Executive Director Of?ce ofCompliance