RELEASE READ CAREFULLY BEFORE SIGNING This Release, made on the day indicated below, by Leslie Amold (hereinafter referred to as the “Claimant”) to the Boulder Valley Schoo! District (hereinafter referred to as the “District”) and its assigns, all current and former employees, servants, agents, current and former elected and appointed directors, members, successors, predecessors, attorneys, insurance carriers, and self insurance pools (hereinafter referred to jointly as “Releasees”), as follows, to wit WHEREAS, Claimant and the District are desirous of resolving any issues between them related to the Claimant's employment, complaints involving or by Claimant, and the separation of Claimant’s employment; NOW, THEREFORE, the Claimant for the following described consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby REMISE, RELEASE AND FOREVER DISCHARGE the Releases, together with all other persons, firms and corporations, whomsoever, of and from any and all actions, claims and demands, of any kind, whether known or unknown, which arose or exist at any time prior to Claimant’s execution of this Release, Those remised, release and discharge actions, claims and demands include all actions, claims and demands arising out of Claimant's employment with the District, any complaints involving or by Claimant, any statements or information related to Claimant’s employment, and the separation of Claimant's employment, as well as any other claim involving Releasees. CONSIDERATION TO THE CLAIMANT The consideration to the Claimant is as follows: 1. The District and/or its insurer shall cause to be paid to Claimant and her attomney the sum of one hundred thousand dollars and no cents ($100,000)! within 14 days of execution of the release and receipt of a W-9 from all payees. The District's insurer shall issue IRS Form(s) 1099 reflecting the payment(s). 2. Claimant will be on paid administrative leave until June 30, 2018. During that time she will receive her normal salary and benefits, with the following exceptions: (1) she will not receive any cell phone allowance after July 31, 2017 and (2) she will not accrue any leave- either sick, personal or vacation- after July 31, 2017. While on administrative leave Claimant will be available to assist in an advisory capacity for the superintendent, However, Claimant will not take any action on behalf of the District, hold herself out as an agent of the District or perform "This amount will be paid via two settlement checks, One check inthe amount of $33,000 willbe made payable to Claimant's legal counsel Bryan E. Kuhn) and the remaining $67,000 will be made payable to Claimant, Both checks will be sent to Claimant's counsel.any work unless specifically requested to do so, in advance, in writing, by the District's Superintendent.” 3. Claimant's official last day with the District will be June 30, 2018. Within 14 days of Claimant's last day of employment she will be provided payment for her accrued, but unused vacation leave which existed as of July 31, 2017, to which she would be entitled by the applicable employee handbook. 4, The District will truthfully respond to any requests for information from the Department of Labor related to unemployment compensation sought by Claimant, ‘The District will not take affirmative steps such as, attending a hearing to contest any award of unemployment benefits or any hearing to address Claimants efforts to overturn a decision denying her benefits, 5. The District will provide Claimant with a letter of reference from the District Superintendent in a form mutually agreeable to both Claimant and the District. 6. The District’s insurer will pay the full cost of the mediator’s fee. CONSIDERATION TO THE RELEASEES 1. The execution by Claimant of this Release and agreement to the provisions contained herein, 2. Claimant will resign her employment effective June 30, 2018. If Claimant submits a short resignation letter it will be included in her official District personnel file. 3, The Claimant warrants that she has not and does not intend to file a charge or complaint with any administrative agency nor has she filed any legal proceeding, Claimant further warrants that she has received good and valuable consideration associated with this separation that fully compensates her for any such claims that she might have had. 4, The Claimant agrees that she does not have any contract for employment with the District. 5. Claimant will not apply for or in any manner seek or accept employment in any position or otherwise work, including as a volunteer or contractor, in any capacity for or with the District. 6. Claimant warrants that she will retum to the District within ten (10) days following the effective date of this Release all District records, student records, and property of any kind including keys, videos, computer software or hardware, hard drives of any kind containing District email records, and computers. At the same time the District will coordinate a return of any of Claimant's personal property. 2 Claimant warrants that upon payment of her final paycheck, Claimant will have been paid all wages and benefits to which she is legally entitled, 27, Claimant warrants that she will testify honestly in any future legal proceeding and will respond honestly and promptly to any requests by the District or its legal counsel for information, documentation or testimony associated with any claims or litigation involving the District, This clause in no way requires Claimant to testify in any particular way. 8. Claimant withdraws and waives any claims as to any and all CORA requests submitted by her or her attorney. WARRANTY OF CLAIMANT CONCERNING CONSIDERATION RECEIVED Claimant warrants as follows: No promise or agreement not herein expressed has been made to the Claimant; that in executing this Release Claimant is not relying upon any statement or representation made by the parties hereby released or said parties’ agents and servants concerning any matter or thing, but is relying solely upon her own judgment and knowledge and that of her attorney; that the above mentioned consideration is received by the Claimant in full settlement and satisfaction of all the aforesaid claims and demands, whatsoever, whether said claims be in tort, contract, by statute or otherwise; including but not limited to, any claims based upon Title VII, 42 USC §1983, the Americans with Disability Act, the Age Discrimination in Employment Act, the First ‘Amendment, the Fair Labor Standards Act, the Colorado Anti Discrimination Act; and any tort of contract based claim; that it is Claimant’s clear intention to fully and forever release Releases, fom any and all claims, even if there may presently exist a mistaken belief on the part of the Claimant as to the present nature and extent of her claims through the date of the Claimant's execution of this agreement; that a portion of the consideration provided to Claimant hereunder is being provided for Claimant's voluntary assumption of the risk that Claimant’ current injuries or damages, if any, may worsen or increase; that this Release was arrived at in good faith, at arms length and after negotiation; that the above mentioned consideration is received by Claimant in fall settlement and satisfaction of any claims which Claimant may have for attomey’s fees or costs; that Claimant warrants that she knowingly and voluntarily executes this Release, without being pressured in any manner; that the Claimant is over the age of 18 years and legally competent to execute, appreciate and fully understand this Release; that no claims for loss of consortium exist; AND THAT BEFORE SIGNING AND SEALING THIS RELEASE, CLAIMANT HAS FULLY INFORMED HERSELF OF ITS CONTENT AND MEANING, HAS HAD HER LEGAL COUNSEL EXPLAIN THE MEANING AND LEGAL SIGNIFICANCE OF EACH AND EVERY PROVISION HEREOF AND HAS EXECUTED THIS RELEASE WITH FULL KNOWLEDGE AND UNDERSTANDING THEREOF. ‘The Claimant further warrants that there are no assignees, subtogees or other third parties who have a right to participate in this settlement or receive any of the consideration pro’ hereunder. Claimant agrees to indemnify, defend and hold forever harmless the releasees of and from any and all further claims which may be made against the Releasees by any person, firm or corporation acting for the Claimant or asserting a derivative claim from the Claimant,The Claimant further warrants that she has not received benefits or payments from Medicare or Medicaid related to matters covered or relevant to this Release. NO ADMISSION OF LIABILITY Claimant acknowledges that Releasees deny liability or wrongdoing on their part and that this Release is not to be construed, in any way, as an admission of liability, but is only a settlement done for economic reasons. CONFIDENTIALITY ‘As part of the consideration to the Releasces, Claimant and agrees that the terms and conditions of this Release, the negotiations relating herein and the actual agreement shall be kept strictly confidential by the Claimant, Claimant shall not contact the media, respond to any media inquiries nor discuss this claim or its resolution from this point forward with the media or threaten or publically discuss Claimant’s claims or this resolution. Claimant shall not release any information concerning the terms and conditions of the settlement reflected by this Release or the terms of this Release or this actual document nor shall Claimant discuss that information with any third party, except as follows: 1. Claimant may disclose the terms of this settlement to her attorneys or accountants, or the Internal Revenue Service, and the Colorado Department of Labor, but solely as to the method of separation and amount of compensation received. Claimant shall instruct or request, as is appropriate, any person or entity to whom she discloses the terms of this settlement to keep such disclosures confidential, 2. Claimant may disclose the terms of this settlement to the extent required by order of court. If so ordered by a court, only the specific information so ordered will be disclosed. Claimant agrees that she will not take any action to invalidate this agreement or to apply to a court of law to set aside this provision of confidentiality. 3. If specifically asked about the status of any claims against the District Claimant may say she is leaving her employment and has resolved any matters. Itis fully understood by Claimant that this provision is an integral part of this Release. OLDER WORKER BENEFIT PROTECTION ACT AND AGE DISCRIMINATION AND EMPLOYMENT ACT Claimant acknowledges that she has been advised that: 1. This Release does not apply to any claims that may arise after Claimant signs this Release. The effective date of this Release is 7 days after the date this Release has been signed by Claimant;2. Claimant has been and hereby is advised of Claimant’s right to consult with legal counsel prior to executing this Release. Claimant acknowledges that she has been advised to so consult and that she has so consulted; 3. Claimant has 21 calendar days to consider this Release, although Claimant may choose to voluntarily execute it earlier; and, 4, Claimant has 7 calendar days following the execution of this Release fo revoke it. ‘Written notice of such revocation shall be provided to Marni Nathan Kloster at 7900 E, Union ‘Ave. Suite 600, Denver, CO 80237. The terms of the Release shall not become effective or enforceable until such revocation period has expired. INCOME TAX CONSEQUENCES Claimant warrants that no opinions or statements have been made to her by any Release, or any Releasee’s agents or agent or employee, relating to any income tax consequences of the payments made under this Release. Claimant agrees to indemnify, defend and hold harmless the Releasees from any and all claims with respect to the income tax consequences of the payment made under this Release asserted by any taxing authority, including the United States Government or its Internal Revenue Service. MISCELLANEOUS PROVISIONS This Release contains the entire understanding of the parties hereto with respect to its subject matter and supersedes all prior oral and written understandings and agreements between the parties This Release shall be binding upon the Claimant, her heirs, administrators, personal representatives, assigns and subrogees, if any, as well as all other persons, firms or corporations acting on Claimant’s behalf or asserting a derivative claim, The Claimant and the District agree that each shall bear her or its own costs, including attomey's fees related to this action ‘The parties have participated and had an equal opportunity to participate in the settlement negotiations and settlement ultimately reached. No ambiguity shall be construed against any party based upon a claim that either party was a drafter of this Release, This Release shall be construed and interpreted in accordance with the laws of the State of Colorado, without regard to its choice of law rules or principles. This Release may be executed in counterparts, each of which shall have full force and effect upon execution by all parties and their attorneys, Scans and facsimiles shall suffice as originals,July 18, 2017: Witnessed by li, Form and Content of Release approved by and Confidentiality Agreed to by. Sate: (tk Leslie Arnold ‘Attomeys for Claimant July 18,2017 Boulder Valley School District President of the Board of Education