PENSION OR SIMILAR BENEFIT PAYMENTS UNDER ANY TAX
QUALIFIED PLAN OR ANY OTHER BENEFITS ACCRUED AS OF YOUR RETIREMENT DATE OR TO
WHICH YOU ARE ENTITLED IN ACCORDANCE WITH THE TERMS OF SUCH BENEFIT PLAN, TO ANY
RIGHTS YOU HAVE UNDER THE AGREEMENT, NOR TO INDEMNIFICATION IN ACCORDANCE WITH
SECTION 9 OF YOUR EMPLOYMENT AGREEMENT.
5.
REPRESENTATIONS.
YOU AFFIRM THAT YOU ARE NOT PRESENTLY AWARE
OF ANY INJURY FOR WHICH YOU MAY BE ELIGIBLE FOR WORKERS' COMPENSATION BENEFITS.
YOU HAVE NOT MADE ANY CLAIM FOR ILLNESS OR INJURY AGAINST THE CORPORATION, AND
YOU ARE NOT AWARE OF ANY FACTS SUPPORTING ANY CLAIM AGAINST COMPANY FOR MEDICAL
EXPENSES THAT HAVE BEEN OR MAY BE INCURRED BY YOU.
YOU REPRESENT AND WARRANT
THAT YOU ARE IS NOT ENROLLED IN THE MEDICARE PROGRAM, HAVE NOT BEEN ENROLLED IN
THE MEDICARE PROGRAM AT THE TIME DURING EMPLOYMENT WITH COMPANY, AND HAVE NOT
RECEIVED MEDICARE BENEFITS FOR MEDICAL SERVICES OR ITEMS RELATED TO ANY CLAIMS
ARISING OUT OF EMPLOYMENT WITH COMPANY.
YOU FURTHER REPRESENT AND WARRANT THAT
NO MEDICAID PAYMENT HAVE BEEN MADE TO OR ON BEHALF OF YOU, AND NO LIENS, CLAIMS,
DEMANDS, SUBROGATED INTERESTS, OR CAUSES OF ACTION OF ANY NATURE OR CHARACTER
EXIST OR HAVE BEEN ASSERTED ARISING FROM OR RELATED TO EMPLOYMENT WITH COMPANY.
YOU AGREE THAT YOU, AND NOT COMPANY, IS RESPONSIBLE FOR SATISFYING ALL SUCH
LIENS, CLAIMS, DEMANDS, SUBROGATED INTERESTS, OR CAUSES OF ACTION THAT MAY EXIST
OR HAVE BEEN ASSERTED OR THAT MAY IN THE FUTURE EXIST OR BE ASSERTED.
YOU
REPRESENT AND WARRANT THAT YOU HAVE NOT ASSIGNED OR TRANSFERRED OR PURPORTED TO
ASSIGN OR TRANSFER ANY CLAIM AGAINST COMPANY.
6.
RECESSION. YOU ACKNOWLEDGE THAT YOU HAVE A RIGHT TO RESCIND
WITHIN SEVEN (7) CALENDAR DAYS OF SIGNING THIS RELEASE TO REINSTATE FEDERAL
CLAIMS UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT AND WITHIN FIFTEEN (15)
DAYS OF SIGNING THIS RELEASE TO REINSTATE CLAIMS UNDER THE MINNESOTA HUMAN
RIGHTS ACT.
IN ORDER TO BE EFFECTIVE, THE RESCISSION MUST: (A) BE IN WRITING;
AND (B) DELIVERED TO
NUVERA COMMUNICATIONS, INC. - ATTN: HUMAN RESOURCES
MANAGER, BY HAND OR BY MAIL AT 27 NORTH MINNESOTA STREET, NEW ULM, MINNESOTA
56073 WITHIN THE REQUIRED PERIOD; AND (C) IF DELIVERED BY MAIL, THE RESCISSION
MUST BE POSTMARKED WITHIN THE REQUIRED PERIOD, PROPERLY ADDRESSED TO COMPANY AND
SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. THIS RELEASE WILL BE EFFECTIVE
UPON THE EXPIRATION OF THE FIFTEEN (15) DAY PERIOD WITHOUT RESCISSION.
YOU
UNDERSTAND THAT IF YOU RESCIND THIS RELEASE, YOU WILL NOT RECEIVE THE AMOUNTS
DESCRIBED IN SECTION 4 OF THE AGREEMENT.
7.
CONSIDERATION PERIOD.
YOU HAVE THE RIGHT TO REVIEW THIS
RELEASE WITH AN ATTORNEY OF YOUR CHOOSING.
YOU HAVE TWENTY-ONE (21) DAYS FROM
THE DATE YOU RECEIVE THIS RELEASE TO CONSIDER WHETHER YOU WISH TO SIGN IT.
YOU
ACKNOWLEDGE THAT IF YOU SIGN THIS RELEASE BEFORE THE END OF THE TWENTY-ONE (21)
DAY PERIOD, IT IS YOUR VOLUNTARY DECISION TO DO SO, AND YOU WAIVE THE REMAINDER
OF THE TWENTY (21) DAY