BE MADE ANY STATEMENTS THAT DISPARAGE OR INIMICAL
TO OR DAMAGE THE REPUTATION OF THE BANK OR ANY OF ITS PAST OR PRESENT
AFFILIATES, SUBSIDIARIES, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES.
IN THE
EVENT
2
SUCH A COMMUNICATION IS MADE TO ANYONE, INCLUDING BUT NOT LIMITED TO MEDIA,
PUBLIC INTEREST GROUPS AND PUBLISHING COMPANIES, IT WILL BE CONSIDERED A
MATERIAL BREACH OF THE TERMS OF THIS AGREEMENT AND THE BANK WILL BE PERMITTED TO
PURSUE ANY AND ALL REMEDIES AT LAW AND EQUITY.
11.
RETURN OF PROPERTY.
THE EMPLOYEE AGREES
THAT SHE HAS RETURNED ALL PROPERTY OF THE BANK, INCLUDING, BUT NOT LIMITED TO,
HER BANK-OWNED CREDIT CARD, ALL BANK FILES, ALL KEYS INCLUDING THOSE TO
BANK-OWNED REAL ESTATE AND PROPERTY.
12.
COSTS AND EXPENSES.
THE BANK AND EMPLOYEE
ACKNOWLEDGE, UNDERSTAND AND AGREE THAT EACH PARTY SHALL BEAR HER OR ITS OWN
COSTS, ATTORNEYS' FEES AND EXPENSES.
13.
ACKNOWLEDGEMENT.
THE BANK AND EMPLOYEE
UNDERSTAND, REPRESENT AND WARRANT THAT THIS AGREEMENT IS A FULL AND FINAL
COMPROMISE OF ANY EXISTING CLAIMS AND NOT AN ADMISSION OF WRONGDOING OR
LIABILITY BY OR ON THE PART OF THE BANK.
14.
GENERAL RELEASE.
IN CONSIDERATION OF THE
UNDERTAKINGS PROVIDED FOR IN PARAGRAPH 2, 3,4,5 AND 8 HEREIN, THE SUFFICIENCY OF
WHICH IS HEREBY ACKNOWLEDGED AND TO WHICH EMPLOYEE IS NOT OTHERWISE ENTITLED,
EMPLOYEE, ON BEHALF OF HERSELF AND HER HEIRS, ESTATES, EXECUTORS,
ADMINISTRATORS, SUCCESSORS AND ASSIGNS, DOES HEREBY FULLY, FINALLY AND
UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE THE BANK, ITS FORMER, CURRENT AND
FUTURE SHAREHOLDERS, DIRECTORS, OFFICERS, PARENT COMPANY, SUBSIDIARIES,
AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, WHETHER
ACTING IN THEIR INDIVIDUAL OR OFFICIAL CAPACITIES, FROM ANY AND ALL CLAIMS,
DEMANDS, LOSSES, LIABILITIES, AND CAUSES OF ACTION OF ANY NATURE OR KIND
WHATSOEVER RELATED TO EMPLOYEE'S EMPLOYMENT BY THE BANK, KNOWN OR UNKNOWN,
SUSPECTED OR UNSUSPECTED, WHICH AROSE OR ACCRUED ON OR BEFORE THE EFFECTIVE DATE
OF THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS UNDER ANY FEDERAL,
STATE OR LOCAL LAWS AND REGULATIONS AND ANY COMMON LAW PROHIBITING PREGNANCY,
SEX, RACE, AGE, RELIGION, NATIONAL ORIGIN, DISABILITY, HANDICAP, CITIZENSHIP,
3
OR MARITAL STATUS DISCRIMINATION OR ANY OTHER FORM OF DISCRIMINATION OR CLAIMS
UNDER ANY OTHER EMPLOYMENT STATUTE OR LAW, CLAIMS FOR ATTORNEYS' FEES, AND ANY
CLAIMS WHATSOEVER UNDER ANY OTHER FEDERAL, STATE, AND LOCAL LAWS OR REGULATIONS
OR COMMON LAW ARISING OUT OF ANY LEGAL RESTRICTIONS ON AN EMPLOYER'S RIGHT TO
TERMINATE ITS EMPLOYEES OR IN ANY WAY GOVERNING THE EMPLOYMENT RELATIONSHIP,
INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING UNDER THE CONSOLIDATED OMNIBUS
BUDGET RECONCILIATION ACT OF 1985, AS AMENDED, THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974, AS AMENDED, THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF
1967, AS AMENDED, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AND 1991, AS
AMENDED, THE EQUAL PAY ACT, THE AMERICANS WITH DISABILITIES ACT, THE FAMILY AND
MEDICAL LEAVE ACT, THE FAIR LABOR STANDARDS ACT, AS AMENDED, THE PENNSYLVANIA
HUMAN RELATIONS ACT, THE PENNSYLVANIA WAGE PAYMENT AND COLLECTION LAW, AND THOSE
BASED ON CONTRACT, IMPLIED-IN-FACT