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4. COLTON hereby expressly releases and waives, and <br />absolutely and forever discharges HERRON from any and all claims, <br />liabilities, demands, debts, accounts, obligations, actions, and <br />causes of action, known or unknown, suspected or unsuspected, at <br />law or in equity or in arbitration, of any kind or nature <br />whatsoever (collectively referred to as "Legal Actions"), to the <br />same degree and in the same manner that HERRON released such Legal <br />Actions against COLTON in paragraphs 2 and 3, above. <br />5. The parties to this Agreement intend that no part of the <br />$47,500 settlement amount set forth in paragraph 1, above, shall be <br />regarded as income which would be subject to federal or state <br />income and payroll taxes. HERRON agrees, however, in the event any <br />taxing authority or other government entity demands additional <br />monies from COLTON RELEASEES, or any of them, for penalties, <br />interest, or for any taxes or withholdings with respect to the <br />$47,500 payment, HERRON shall assume any obligation to pay such <br />money, and will defend and hold the COLTON RELEASEES harmless with <br />respect to any such demand. <br />6. COLTON acknowledges that this release does not extend to <br />any future conduct by COLTON which may affect HERRON's currently <br />vested rights, if any, to employee benefits, including pension or <br />other prospective benefits to be received in the future. <br />7. Upon the effective date of this Agreement as defined in <br />paragraph 16, HERRON will cause to be filed a Request for Dismissal <br />with Prejudice of Case No. SCV 11317 in the form attached hereto as <br />Exhibit A. <br />5 of 9 <br />