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Pearson, Linda F.

From:illiam Collins Sent:uesday, May 29; 2012 5:Q2 PMTo:irschner, KennethCc:James Yates'; 'Carolyn Kearns'Subject:W: draft settlementAttachments:SETTLEMENT AGREEM ENT.docSorry. As so frequently happens, I forgot to attach the attachment.From: William Collins fmailto:collinwOassembly.state.ny.usjSent: Tuesday, May 29, 2012 4:48 PMTo: 'Kirschner, Kenneth'; 'James Yates'; 'Carolyn Kearns'Subject: draft settlementKen, I have sent this draft out because time is short but, I'd appreciate your input if you get a chance. Bill

1

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DRAFT SETTLEMENT AGREEMENT

THIS AGREEMENT, made by and between the following parties: the Assemblyof the State of New York and Member of Assembly Vito Lopez (who may,hereinafter, be referred to collectively as the "Employer"), andresiding at and residing atwho may, hereinafter, bereferred to collectively as the "Employees").WHEREAS, a dispute has arisen concerning the employment of the Employees inthe office of the Member of Assembly Vito Lopez and,WHEREAS, the parties desire to resolve this matter without resort to litigation orany administrative proceeding of any sort;NOW, THEREFORE, it is agreed between the Employer and the Employees,individually and collectively, that:

1. The Employer agrees to pay the lump sums damages inlieu of any other form o f com pensation in co mplete resolution o f this disputeincluding but not limited to any form of wages, benefits or other potentialfrontpay or backpay liability. The payment of this amount is to be allocatedbetween the Assembly of the State of New York and Member of AssemblyVito Lopez as follows:pon receipt of such payment,hereby agrees to execute the Release attached hereto as Exhibit "A".2. The Employer agrees to pay the lump sum ofsdamages in lieu of any other form of compensation in complete resolution ofthis dispute including but not limited to any form of w ages, benefits or otherpotential frontpay or backpay liability. The payment of this amount is to beallocated between the Assembly of the State of New York and Member ofAssembly Vito Lopez as follows:pon receipt of such payment,hereby agrees to execute the Release attached hereto as Exhibit "B".3. The Employer agrees to pay the lump sum ofcollectively, to thelaw firms of Cutti Hecker Wang LLP and Allred Maroko Goldberg incomplete resolution of any and all attorney fee obligations or liabilities inrelation to any legal wo rk performed in their representation, individually o r

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collectively, of the Employees in relation to this dispute. The payment ofthis amount is to be allocated between the Assembly of the State of NewYork and Member of Assembly Vito Lopez as follows:4. Both and will resign from Assembly employmenteffective close of business May 31, 2012.5. Upon execution of this Agreement, will receive the attached "towhom it may concern", generic positive recommendation (Exhibit "C")concerning the performance of her tasks and duties assigned to her duringher Assembly employment. In accordance with Assembly practice, inquiriesfrom any potential employer, potential landlord, potential creditor, or othersuch person or entity will receive a response indicating Ms. last jobtitle, duration of Assembly employment, and annual salary.6. Upon execution of this Agreement, will receive the attached"to whom it may concern", generic positive recommendation (Exhibit "D")concerning the performance of her tasks and duties assigned to her duringher Assembly employment. In accordance with Assembly practice, inquiriesfrom any potential employer, potential landlord, potential creditor, or othersuch person or entity will receive a response indicating Ms. last jobtitle, duration of Assembly employment, and annual salary.7. Member of Assembly Vito Lopez and the entire staff of the office ofMember of Assembly Vito Lopez will, within 90 days of the execution ofthis Agreement receive supplementary instruction in addition to that whichis biennially provided to M embers of the Assembly and staff concerningthe identification and avoidance of sex discrimination and sexual harassmentin the workplace. This training may be conducted in separate sessions.8. Except in response to a court order or in response to a valid subpoena,neither any party to this Agreement, nor any representative, heir, assign orother person affiliated with any party to this Agreement will discuss or makeany statement of any sort concerning the underlying circumstances of thedispute which has given rise to this Agreement or any terms of thisAgreement with any other person or entity. Each of the Employees and theirrepresentatives agree that the Employer shall be entitled to liquidateddamages of five thousand dollars ($5,000) or actual damages, whichever isgreater, from the person or entity breaching the terms of this paragraph foreach breach of this paragraph, and any breach of this paragraph by eitherEmployee or their representative shall be considered a material breach.9. Nothing contained herein shall be deemed to imply or to constitute anadmission of any sort that any party to this Agreement acted improperly orunlawfully.

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IN WITNESS WHEREOF, the parties and their representatives have hereunto settheir hands.EW YORK STATE ASSEMBLYDate:y:(Print Name)TITLE: Counsel to the Majorityate:Date:CUTTI HECKER WAN G LLPEMBER OF ASSEMBLY VITO LOPEZBy:ate:(Print Name)Date:

ALLRED MROKO GOLDBERGBy:Date:

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Exhibit "A"RELEASE

residing aton behalf of herself, her heirs,estate, executors, administrators, successors and assigns, in consideration of receiptof the lump sum ofeceived, in toto, from the Assembly of theState of New York and Member of Assembly Vito Lopez collectively, and inconsideration of the other promises and covenants set forth in the attachedAgreement releases and discharges the State of New York and Member ofAssembly Vito Lopez from any and all actions, causes of action, suits, agreements,promises, damages, judgment, complaints, claims and demands in law or equity,whether arising under the laws of the State of New York or any other jurisdiction,arising out of or relating to the employment of by the Assembly of theState of New York and/or Member of Assembly Vito Lopez.IN WITNESS WHEREOF, has hereunto set her hand on thisday of2012.STATE OF NEW YORKCOUNTY OFOn theay of2012, before me personally came to meknown, and known to me to be the individual described in, and who executed theforegoing Release, and duly acknowledged to me that she executed the same.

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Exhibit "B"RELEASE

residing aton behalf of herself, her heirs,estate, executors, administrators, successors and assigns, in consideration of receiptof the lump sum ofeceived, in toto, from the Assembly of theState of New York and Member of Assembly Vito Lopez collectively, and inconsideration of the other promises and covenants set forth in the attachedAgreement releases and discharges the State of New York and Member ofAssembly Vito Lopez from any and all actions, causes of action, suits, agreements,promises, damages, judgment, complaints, claims and demands in law or equity,whether arising under the laws of the State of New York or any other jurisdiction,arising out of or relating to the employment of by the Assembly of theState of New York and/or Member of Assembly Vito Lopez.IN WITNESS WHEREOF, has hereunto set her hand on thisday of2012.STATE OF NEW YORKCOUNTY OFOn theay of2012, before me personally came , to meknown, and known to me to be the individual described in, and who executed theforegoing Release, and duly acknowledged to me that she executed the same.

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