AGREEMENT ANQ GENERAL RELQSE THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE (hereinafter ?this Agreement?) is entered into by and between CHRISTINE SAVAGE (hereinafter ?Plaintiff?) and NEPTUNE TOWNSHIP and NEPTUNE POLICE DEPARTMENT, and each of their present and former agents, servants, employees, of?cers, directors, principals, assigns, predecessors, successors, subsidiaries, parent companies, insurers, a?iliates, heirs, third-party administrators, attorneys and representatives (hereinafter collectively ?Defendants?h; WHEREAS, Plaintiff ?led a Complaint in the Superior Court of New Jersey, Monmouth County Civil Division, entitled Christine Savage v. Neptune Township, et al., bearing Docket No. (?Lawsuit?), and has asserted claims in the Lawsuit in connection with alleged events occurring during Plaintiffs employment with the Neptune Police Department; WHEREAS the parties settled all other controversies among them at a mediation on March 18, 2014, including but not limited to those made by Plaintiff in the Lawsuit, including any and all related claims which were or could have been asserted as of the effective date of the settlement as de?ned in Paragraph 11 herein, whether such claims are presently known or unknown; WHEREAS, all parties acknowledge that the merits of the controversy arc-in dispute and have not been ?nally adjudicated, and that no party admits any liability to any other, but all have reasons to desire amicable resolution of the matter, including to avoid the costs and inconvenience of litigation; and NOW, for and in consideration of the agreements, covenants and conditions herein contained, the adequacy and suf?ciency of which are hereby expressly acknowiedged by the parties hereto, the parties agree as follows: 1. Te of Settleme The Defendants, through their insurer, Scottsdale Insurance Company, agree to pay Plaintiff the settlement amount of THREE HUNDRED AND THIRTY THOUSAND DOLLARS in full and final settlement of this matter. This sum is inclusive of all claims of any nature, sort, or variety, known or unknown, pled or unpled, including all claims for attomey?s fees, expenses and costs incurred by Plaintiff. The settlement check will be issued to Plaintiff and her attorneys, Smith Mullin, P.C., within thirty (30) days of the receipt by Defendants? counsel of: the execution of this Agreement by Plaintiff; (ii) a signed W-9 form from Plaintiff?s attomeys? ?rm for its tax identi?cation number; a completed Child Support Judgment Search for the Plaintiff; and (iv) a signed Stipulation of Dismissal with Prejudice of the Lawsuit by Plaintiff?s counsel. The Stipulation of Dismissal shall not be filed with the Court by Defendants? attorney until after the settlement check has been sent to Plaintiff s?counsel. Plaintiff has been advised by her counsel that no guarantees can be made regarding the tax treatment of the payment referenced in Paragraph whether by the federal government or any state or other government. The parties understand and agree that an IRS Form 1099 Misc. will be ?led and sent to Smith Mullin for the payment and that Smith Mullin will be responsible for any other tax reporting. Plaintiff acknowledges and agrees that she has not sought, received or relied on the Defendants or their respective counsel or any agents of the Defendants for any tax advice of any kind with respect to the effects of this Agreement, the Release contained herein, or the delivery or payment of any monetary consideration identified herein. Plaintiff has been advised to consult with counsel of Plaintiff?s own choice to seek legal and tax advice regarding the taxability or non-taxability of the monetary consideration provided herein. Plaintiff also acknowledges and agrees that she will be solely responsible for, and assumes full liability for, any taxes, federal, state or local, of any kind, with respect to the Page 2 of 14 payment of any monetary consideration identi?ed herein. Plaintiff further agrees that in the event that the or any other taxing authority deems any tax, interest, deductions, penalties or other amounts to be due from the Defendants with respect to the settlement Agreement, Plaintiff will defend, indemnify and hold harmless the Defendants for any sums Defendants may be required to pay. It is the intent of the parties that the payments described in Paragraph 1(a) herein will be the Defendants? total payment to or for the bene?t of the Plaintiff. The settlement amount, pursuant to this Agreement, is to compensate Plaintiff for personal physical injury and illness and all other alleged injury. Defendants agree to promote Plaintiff to Sergeant effective May 1, 2014. A promotion ceremony will be conducted on or about April 28, 2014, which will be the same type of ceremony and celebration afforded to other of?cers upon their promotion. It is agreed upon that following Plaintiff?s promotion to Sergeant e?ec?ve May 1, 2014, Plaintiff will be moved to patrol. All training and educational courses will be fairly and equitably offered to all members of the Neptune Police Department, and if contingent upon rank or years of service, will be fairly and equitably offered to all members of the Neptune Police Department within the rank and years of service, and Plaintiff will be given fair and equitable access to such training subject to the above referenced parameters. Defendants agree to provide access to training courses, including but not limited to the following, so long as none of the listed courses are longer than two-day classes, and so long as the courses are available: (1) Bias Incident Investigation; (2) Detective Enhancement School; (3) Domestic Violence Update; Page 3 of 14 (4) Internal Affairs Investigation; (5) Police Professionalism Diversity; (6) Review MCP LEO Policies; (7) Sex Crimes Investigation; (8) Hostage Negotiations; (9) Policing the Police; (10) Homicide Investigation; (1 1) Line Supervisor Course Training; and (12) Criminal Investigation for the Road Cop. Plaintiff will be provided access to complete the listed courses by December 31, 2016. As part of the NJ SACOP accreditation process, Neptune Police will institute a fair and objective promotional procedure. Defendants will consider Plaintiff for promotions according to the fair and objective policy referenced in Paragraph subject to Plaintiff meeting the appropriate criteria listed for any position considered for promotion. Plaintiff is not responsible for any mediation fees. Plaintiff agrees that, but for this Settlement Agreement and General Release, Plaintiff would not be entitled to the aforesaid payments and other terms of settlmient described herein. i Defendants represent that as of the effective date of the settlement as de?ned in Paragraph 1 1 herein, that no investigation by Defendants of Plaintiff is pending. (In) Defendants acknowledge that the Investigation Report of Gregory Turner may result in discipline of members of the Neptune Police Department. Page 4 of 14 2. Dismissal of Ag'on: Plaintiff understands and agrees that counsel for the Defendants will file with the Superior Court of New Jersey the executed original of the Stipulation of Dismissal with Prejudice with regard to Docket No. and that Plaintiff represents and warrants that she has not ?led any other lawsuits, claims or complaints against the Defendants other than any EEOC charges and DCR charges, which may have been ?led prior to the institution of the complaint ?led in the Monmouth County Superior Court under Docket No. which is the subject matter of this Settlement Agreement and General Release, and Plaintiff represents that any such ?led charges have been withdrawn. Plaintiff agrees that Plaintiff will not accept any relief or ?nancial recovery associated with any ?ling with the EEOC or DCR. The Parties understand and agree that the terms of the aforesaid dismissal are expressly incorporated by reference within this Settlement Agreement and General Release as if fully set forth herein. this Agreement: In consideration of the payment and other consideration provided for in this Agreement, Plaintiff, personally and for Plaintiff?s estate and Plaintiffs heirs,- does hereby remise, release and forever discharge the Defendants, as de?ned more fully above, including their present and/or former agents, servants, of?cers, directors, and employees, and any and all other persons, ?rms, corporations, associations or other entities, from all actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, obligations, claims and demands whatsoever in law or equity, known or unknown, pied or unpled, for back pay, front pay, employment bene?ts, bodily injury, personal injury, emotional distress, sick leave, health/medical bills or expenses, bene?ts, compensatory damages, consequential damages, punitive, treble and/or exemplary damages, injunctive andlor declaratory relief, attorneys? fees, costs, interest and/or expenses that Plaintiff has or may have based upon Page 5 of 14 any act, event or omission occurring before the execution of this Agreement, including, but not limited to, any events related to, arising from or in connection with Plaintiff?s employment, and/or interaction with the Defendants, including, but not limited to, any claim that was asserted or could have been asserted under any federal and/or state statutes, regulations and/or common law and all claims which were made or could have been made in the Lawsuit which Plaintiff ever had, now has or which her heirs, executors, administrators, successors or assigns, or any of them, hereafter can, shall or may have for, or by reason of any cause, matter or thing whatsoever, from the beginning of the world to the date of execution of this Agreement, including, but not limited to, any potential claim relating to the following (along with any amendments thereto): The National Labor Relations Act; Title VII of the civil rights Act of 1964; Sections 1981 through 1988 of title 42 of the United States Code; The Employment Retirement Income Security Act of 1974; The Immigration Reform Control Act; The Americans with Disabilities Act of 1990; The Age Discrimination Employment Act of 1967; The Fair Labor Standards; The Occupational Safety Health Act; The Family Medical Leave Act of 1993; The Equal Pay Act; (1) The New Jersey Law Against Discrimination; The New Jersey Minimum Wage Law; (11) The Equal Pay Law for New Jersey; (0) The New Jersey Worker Health Safety Act; Page 6 of 14 The New Jersey Family Leave Act; The New Jersey Conscientious Employee Protection Ace; Any anti?retaliation provision of any statute or law; (5) Any other federal, state or local, civil or human rights law or any, other federal law, regulation or ordinance, and provision of any federal or state constitution, any public policy, contract, tort or common law, conversion, spoliation, or any losses, injuries or damages (including back pay, front pay, liquidated, compensatory or punitive damages, attorney?s fees and litigation costs); and Any express or implied contract, practice, policy, handbook, employee manual or Collective Bargaining Agreement, but plainti?? agrees to release only those claims or potential claims involving the Collective Bargaining Agreement that relate to plaintiffs own claims. 4. No Clai Permitt en Not to Sue: Plaintiff waives Plaintiff?s right to ?le any charge or complaint on Plaintiff?s own behalf and/or participate as a complainant, a plaintiff or charging party in any charge or complaint which may be made by any other person or organization on Plaintiff?s behalf, with respect to any thing which has happened up to the execution of this Agreement before any federal, state or local court administrative agency, including the EEOC and the DCR, against the Defendants, except if such waiver is prohibited by law. Should any charge or complaint be ?led, Plaintiff agrees that Plaintiff will not accept any relief or ?nancial recovery therefrom. Plainti? con?rms that no such charge, complaint or action currently exists in any forum or form other than the said Lawsuit or previously ?led EEOC and/or DCR charges previously referenced under Paragraph 2 of this Settlement Agreement and General Release (Dismissal of Action), which Plaintiff has con?rmed have been withdrawn. Plaintiff agrees that the complaint ?led under Docket No. MON-L-4899-13 in the Monmouth County Superior Court will be dismissed with prejudice as part of this Agreement, and Plaintiff Page ?7 of 14 hereby covenants not to ?le any charge, complaint or action in any forum or form against the Defendants based upon anything which is encompassed by the terms of this Agreement. Except as prohibited by law, in the event that any such charge, complaint or action is ?led by Plaintiff, or any charge, complaint or action which has been previously filed by Plaintiff and was represented to have been withdrawn, shall be dismissed with prejudice upon presentation of this Agreement. 5. PEinti?' Responsible for All Liens: It is further understood and agreed that in consideration of the payment of the aforementioned sum, the undersigned Plaintiff hereby agrees to satisfy all liens and subrogation interests, including, but not limited to the charges of any health care provider, any lien or subrogation interest of any health care insm'er andfor any worker?s compensation insurer and/or Medicare and/or Medicaid, including any conditional payments made or which may have been made by Medicare or Medicaid, any federal, state or local governmental assistance bene?ts program or any other person or entity claiming any liens or charges against the Plaintiff. The Plaintiff further agree(s) to defend, indemnify,.save and hold harmless the Defendants, their insurer, Scottsdale Insurance Company, and their heirs, executors, administrators, successors, assigns, insurers, and all other persons, ?rms and corporations, whether herein named or referred to or not, against any loss from any and all further claims and demands made against them on account of the injuries and damages sustained in consequence of the aforesaid claims and Lawsuit. In the event that Medicare may have any interest in this settlement, the undersigned further agree(s) that all necessary information will be submitted to the Medicare Secondary Payer Recovery Contractor concerning the terms and conditions of this settlement. Page 8 of 14 6. Confidenti and Non-Dis a ement: The parties agree to keep con?dential this settlement Agreement and not disclose the negotiations that lead to this Agreement or the Agreement?s terms, including the monetary amounts and provisions referenced within the Settlement Agreement and General Release. If any party or person acting on behalf of a party receives an inquiry about this Agreement, such party will respond only that the ?matter has been resolved.? However, nothing in this provision shall prohibit a party from complying with applicable taxing and other ?nancial reporting requirements such that the Agreement and Release may only be disclosed: to enforce or prove its terms; (2) as required to auditors, accountants, attorneys, tax preparers, taxing authorities, insurers andJor reinsurers; or (3) as otherwise required by law or by Court Order. The Plaintiff agrees that she will not directly or indirectly disclose the facts and terms of this Agreement to anyone other than her attorney and immediate family de?ned as Plaintiff?s mother, father, siblings, spouse or partner, and children, who shall likewise keep said information con?dential, except to the extent such disclosure may be required or allowed as described in Section (0) The Plaintiff agrees not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, regarding the past behavior of Defendants which statements would disparage the reputations of Defendants. Plaintiff agrees that this nondiSparagement provision extends to statements, written or verbal, including but not limited to, the news media, radio, television, inter-net postings of any kind, blogs, social media, Facebook, Instagram, Twitter, or the like), consumer or trade bureaus, comwtitors, customers, employees and/or potential customers or employees of the Defendants. The Defendants agree not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, regarding the past behavior of Page 9 of 14 Plaintiff which statements would disparage the reputation of Plaintiff. Defendants agree that if this nondisparagement provision extends to statements, written or verbal, made to anyone, including but not limited to, the news media, radio, television, internet postings of any kind, blogs, social media, Facebook, Instagram, Twitter, or the like), consumer or trade bm?eaus, competitors, customers, employees and/or potential customers or employees of the Defendants. The parties agree that con?dentiality and non-disparagement is a material term of this Agreement and that, in the event of a breach, the non?breaching party may seek enforcement of the non-disparagement provision and damages for its breach. Plaintiff and Plaintiff?s attorneys agree that, in the event a request is made of any of them by any person or entity (including, but not limited to, any government agency) for a disclosure, in whole or in part, covered by this Agreement, they will give prompt notice of such request to the Neptune Township Municipal Clerk via email at within twenty-four (24) hours of actual receipt of same. 7. May?s Fees 4.1.4 Costs: Plaintiff agrees that Plaintiff will bear Plaintiff?s own costs, expenses and attorney?s fees which have been incurred in connection with the within matter and in connection with the negotiation and preparation of this Agreement and that no amounts other than the payment to be made pursuant to Paragraph 1(a) of this Agreement shall be sought by or owed to Plaintiff or her attorneys by Defendants in connection with this matter. 8. No Admissm' 9f Liability: It is expressly understood that neither the execution of this Agreement, nor any other action taken by the Defendants in connection with Plaintiffs alleged claims or this settlement Agreement, constitutes an admission by any of the Defendants of any violation of any law, duty or obligation, or that any decisions or actions taken in connection with Plaintiff?s employment were unwarranted, unjusti?ed, retaliatory, discriminatory, harassing, Page 10 of 14 wrongful or otherwise unlawful, as the Defendants deny any and all liability and allegations in this matter. 9. Entire Agreemegt: This Agreement contains the sole and entire agreement between the Parties hereto and fully supersedes any and all prior agreements and understanding pertaining to the subject matter hereof, and is intended to memorialize the settlement of Plaintiff?s claims. Plaintiff represents and acknowledges that, prior to executing this Agreement, Plaintiff consulted her attorney, that Plaintiff had ample time to do so, that Plaintiff obtained the advice of counsel prior to making the decision to execute the Agreement, and that Plaintiff has not relied upon any representation or statement?not set forth in this Agreement made by any Defendants thereto, or Defendants? counsel or representatives, with regard to the subject matter of this Agreement. No other promises or agreements shall be binding unless in writing, signed by the parties hereto, and expressly stated to represent an amendment to this Agreement. 10. Applicable Law: This Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of New Jersey. The parties agree that any action to enforce or interpret this Agreement shall only be brought in a court of competent jurisdiction in the State of New Jersey, which the parties hereby acknowledge and agree to be the Superior Court of New Jersey, Monmouth County. 11. Effg?ive Date: This Agreement will become effective on the date on which Plaintiff executed this Settlement Agreement and General Release. 12. BY SIGNING THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE, PLAINTIFF ACKNOWLEDGES: A. PLANTIFF HAS READ B. PLAINTIFF UNDERSTANDS IT IS AND KNOWS PLAINTIFF IS GIVING UP IMPORTANT Page 11 of 14 C. PLAINTIFF AGREES WITH EVERYTHING IN D. ATTORNEY NEGOTIATED THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE WITH KNOWLEDGE AND E. PLAINTIFF HAS BEEN ADVISED TO CONSULT WITH ATTORNEY PRIOR TO EXECUTING THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE AND HAS IN FACT DONE AND F. PLAINTIFF HAS SIGNED THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE KNOWINGLY AND VOLUNTARILY IN WITNESS WHEREOF, the parties have hereunto set their hands. CQAPW \Jx. Sew 2K4 CHRISTINE SAVAGE A .3 STATE OF NEW JERSEY SS: COUNTY 0% ?g 3g I hereby certify that on the {fo day of (2 {Mt 2014, personally came before me and acknowledged under oath, to my satisfae?on, that this person (or if more than one, each person): is named in and personally signed this document; and signed, sealed and delivehgm?meument as his/he deed. 1,04 glad/ti 7 NOTARY PUBLIC I In] mun-n an Pageuofu u, u.