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    Buzzfeed

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    50K views6 pages

    2017 11 21buzzfeed

    Uploaded by

    Zerohedge
    Buzzfeed

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 6
    CONFIDENTIAL SETTLEMENT A This Confidential Settlement Agreement and Release (“Agreement”) is made by and between EEE Complainant”) and the Office of Representative John Conyers (‘Respondent” or “the Office”), 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: PARTI ‘Mutual Consideration and Representa ns. 1. 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 Office of Compliance Case No [ENNIIII [t 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 nn of liability, or other expression reflecting upon the merits of any dispute or claims between the parties. The Office 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. No term or provision of this Agreement may be modified, 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. Ifany term or provision of this Agreement becomes inoperative or 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 influence, 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. In executing this Agreement, the parties do not rely and have not relied on any documents or statements, whether written or oral, other than those specifically set forth in this Agreement, Any such documents or statements not specifically 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 Office of Compliance referenced in Paragraph 18. PART IL 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 imevocably, finally, and forever releases and discharges the Office, Representative John Conyers, and the Office’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, and/or 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 Notification 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 of 2008, and the Federal Service Labor-Management Relations Statute, for any acts or conduct whatsoever, whether known or unknown, whether connected with the employment of Complainant by the Office 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 filed with the Office of Compliance, including, but not limited to, Case \ CONFIDENTIAL 11. 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 file or cause to be filed any lawsuits, complaints, demands, actions, disputes, proceedings, claims or charges against the Office, or any current or former affiliate, representative or employee of the Office, 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 Office 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 Office and/or the other persons and entities released by this Agreement. Complainant agrees to withdraw and/or dismiss with prejudice any claims against the Office (if any) that are currently filed or have been filed with the Office of Compliance and/or in federal court (if any) arising out of or related to Office 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 confidentiality requirements set forth in section 416 of the Congressional Accountability Act (2 U.S.C. § 1416), the parties’ Mediation and Confidentiality Agreement(s), and the procedural rules of the Office of Compliance Complainant is aware of these requirements that state that the Office of Compliance’s mediation and hearing processes, including all communications, statements, and documents made or prepared in connection thereof, are confidential. 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 affidavits 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 Office of Representative John Conyers, and/or any of the Office’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 Office. 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 Office'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 confidential information regarding the Office. Examples of sensitive or confidential information include, but are not limited to, information designated as classified or secret by the government; the Office’s internal legislative or political strategy; matters involving the personal or professional lives of Representative Conyers or his family, or the Office’s employees or former employees; personal information regarding the Office’s constituents; and information concerning the internal operations of the Office, including personal and/or work-related conversations amongst the Office’s employees, former employees, Complainant, and/or 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 Office. 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 Office 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 final outcome of the Office’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 111 Waiver of Claims under the Age Discrimination in Employment Act 17. Complainant acknowledges and agrees that she has 21 calendar days to review and xt 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 Office of House Employment Counsel by email (to

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