above, you agree to the following
things:
1.
YOU AGREE TO RESIGN YOUR POSITION WITH
CFB.
2.
YOU HEREBY RELEASE COMMUNITY FIRST
BANKSHARES, INC., ITS AFFILIATES, ITS AND THEIR PAST AND PRESENT OFFICERS,
DIRECTORS, AGENTS, SHAREHOLDERS, EMPLOYEES, ATTORNEYS, INSURERS AND INDEMNITORS
(COLLECTIVELY, THE "RELEASEES") FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION,
KNOWN AND UNKNOWN, WHICH YOU MAY HAVE AGAINST ANY AND ALL OF THEM.
THROUGH THIS
RELEASE, YOU EXTINGUISH ALL CAUSES OF ACTION, KNOWN AND UNKNOWN, AGAINST THE
RELEASEES OCCURRING UP TO THE DATE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED
TO ANY CONTRACT, WAGE OR BENEFIT CLAIMS; INTENTIONAL INFLICTION OF EMOTIONAL
DISTRESS, DEFAMATION OR ANY OTHER TORT CLAIMS; AND ALL CLAIMS ARISING FROM ANY
FEDERAL, STATE OR MUNICIPAL LAW OR ORDINANCE.
THIS RELEASE EXTINGUISHES ANY
POTENTIAL CLAIMS, INCLUDING EMPLOYMENT DISCRIMINATION CLAIMS, ARISING FROM YOUR
EMPLOYMENT WITH AND POSITION RESIGNATION FROM CFB, INCLUDING SPECIFICALLY ANY
CLAIMS UNDER THE NORTH DAKOTA HUMAN RIGHTS ACT, THE AMERICANS WITH DISABILITIES
ACT, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AGE DISCRIMINATION IN EMPLOYMENT
ACT, AND THE FAIR LABOR STANDARDS ACT.
THIS RELEASE DOES NOT EXTINGUISH ANY
CLAIMS OR CAUSES OF ACTION ARISING FROM BREACH OF THIS SEPARATION AGREEMENT.
YOU MAY REVIEW THIS AGREEMENT WITH AN ATTORNEY OF YOUR CHOOSING.
YOU HAVE 45
DAYS FROM THE DATE YOU RECEIVE THIS SEPARATION AGREEMENT AND RELEASE TO CONSIDER
WHETHER YOU WISH TO SIGN IT.
YOU ACKNOWLEDGE THAT IF YOU SIGN THIS AGREEMENT
BEFORE THE END OF THIS PERIOD, IT IS YOUR VOLUNTARY DECISION TO DO SO, AND YOU
WAIVE THE REMAINDER OF THE PERIOD.
3.
IN ADDITION, MARK ANDERSON AND RON
STRAND HAVE AGREED TO BE NAMED AND CONTACTED AS REFERENCES.
THEY WOULD AFFIRM
THAT YOUR SEPARATION WAS DUE TO POSITION ELIMINATION AND NOTE THE
ACCOMPLISHMENTS IN OUR GROUP F/K/A FINANCIAL SERVICES GROUP DURING YOUR TENURE
WITH COMMUNITY FIRST BANKSHARES.
4.
YOU ARE HEREBY NOTIFIED OF YOUR RIGHT
TO RESCIND THE RELEASE OF CLAIMS CONTAINED IN THE ABOVE PARAGRAPH WITH REGARD TO
CLAIMS ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA) WITHIN
SEVEN (7) CALENDAR DAYS.
IN ORDER TO BE EFFECTIVE, THE RESCISSION MUST
A.
BE IN WRITING; AND
B.
DELIVERED TO THE UNDERSIGNED DESIGNATED
OFFICIAL BY HAND OR MAIL WITHIN THE REQUIRED PERIOD; AND
C.
IF DELIVERED BY MAIL, THE RESCISSION
MUST BE POSTMARKED WITHIN THE REQUIRED PERIOD, PROPERLY ADDRESSED TO THE
UNDERSIGNED OFFICIAL AND SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
This Agreement will be effective upon the expiration of the 7 day period without
rescission.
You understand that if you rescind this Agreement in accordance
with this paragraph, you will not receive the payments described herein and you
will be obligated to return any and all payments already received.
If you violate any term of this agreement while you are still receiving benefits
hereunder, payments and provision of all remaining benefits to you hereunder
will immediately cease and your obligations hereunder shall remain in effect in
consideration of all the benefits which you will have received prior to