This Agreement is entered into by and between the Borough of Middletown, Dauphin County, Pennsylvania ("Employer") and Chris Courogen ("Employee"). Whereas, Employee has been employed by Employer; Whereas, Employee has tendered his resignation from Employer on February 1, 2016, to be effective February 19, 2016; and Whereas, Employee and Employer wish to end their employment relationship on mutually agreeable terms, as set forth in this Agreement. Now, Therefore, in consideration of the mutual agreements and covenants hereinafter set forth, and intending to be legally bound, the parties agree as follows: 4. Separation of Employment. Employer and Employee have terminated their ‘employment relationship effective February 19, 2016 (the "Separation Date") with the understanding that Employee shall be paid three (3) weeks of vacation time from February 1, 2016 through February 19, 2016. 2. _ Severance Payments. For consideration of the promises set forth in this Agreement, Employer agrees to pay Employee a lump sum payment of Eighteen Thousand Nine Hundred Fifty Dollars ($18,950.00). Of this amount, Fourteen Thousand Nine Hundred Fifty Dollars ($14, made via payroll check and will be subject to applicable taxes, withholdings, and deductions. In addition, Four Thousand Dollars ($4,000.00) will be paid to Employee and Employee will be issued a Form 1099 for this payment. Such payments shall be made within 15 business days of the effective date of this Agreement as set forth below. Employee acknowledges that the separation benefits described above are in excess of what Employer is legally required to provide to Employee absent this Agreement. 3. Other Employee Benefits. A. _ Employee is due Employee's final paycheck and will be paid through the Separation Date as detailed above. Otherwise, Employee acknowledges the receipt from Employer of all compensation eamed and accrued, including vacation pay, sick pay, and other paid-time-off through the date hereof. Except as expressly set forth in this Agreement, Employee confirms and acknowledges that Employee will not be entitled to any employee benefits, paid leave payouts, bonus payments, additional severance pay or other payments whatsoever from Employer following the Separation Date. B. Employee's health insurance coverage shall cease as of the Separation Date. After the Separation Date, Employee will become eligible to elect continuation of health care ‘coverage under the Consolidated Omnibus Budget Reconciliation Act of 1986, with information regarding continuation rights provided in separate correspondence. COBRA premiums will be Employee's responsibility.C. __ Employee's life and di insurance coverage will terminate as of the Separation Date. To the extent that any Employer employee is entitled to convert term life and/or disability insurance coverage to individual coverage upon termination, Employee shall have the right to so convert. D. _Nothing in this Agreement impact Employee's rights pursuant to any Employer retirement, pension or savings any. 4. Mutual General Release and Waiver of Claims. Employee, for Employee and for Employee's attomeys, heirs, executors, administrators, personal representatives, successors and assigns, for and in consideration of promises made herein, does hereby ieoeably end KNOWINGLY, VOLUNTARILY and unconcionay wale nd release fully attorneys, managers, employees or trustees of any (hereinafter collectively referred to as "Released Entities"), of whatever nature arising from ‘any occurrence or occurrences, from the beginning of time until the date on which Employee signed this Agreement, including without limitation any waivable claims arising or in any way resulting from or relating to Employee's employment with Employer or the termination thereof. It is understood that this General Release and Waiver of Claims does not serve to waive any claims that, pursuant to law, cannot be waived or subject to a release of this kind, such as claims for unemployment compensation benefits. Without limitation of the foregoing, Employee specifically waives any claims asserted, or that could have been asserted, against the Released Entities arising under the Age Discrimination in Employment Act, Title Vil of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, the Family and Medical Leave Act, the Employee Retirement Income ‘Security Act, the Equal Pay Act, the Pennsylvania Human Relations Act, the Pennsylvania Minimum Wage Act, the Pennsylvania Whistleblower Law, the Pennsylvanit ‘ordinance relating in any way to unlawful dis employment practices, and any tort-related claim, including but not limited to defamation, libel or stander, and any claim under any common law theory. rolaied of afltied enliles, Wel prodecossors, successors and assigns past snd press and all rae and present elected and appointed officials, officers, directors, agents, waive and release fully and forever any known and loss, expense or damage, of any and every nature fed claim, including but not defamation, libel or slander, and any claim under any common law theory. Employee and Employer warrant and represent that ler party has, prior to signing this Agreement, filed any claim, charge or complain ith any court or government Page 2 of 6gency hr eny wey relating to Emptoyes's employment wih Emotes, forhes Employes any claim, charge or complaint whatsoever against any of the Released Entities idertiics above. Nothing in this Agreement is intended t. It Employee's right or ably to: {i) file a charge or claim of discrimi Employee and Employer further understand that the Mutual General Release and Waiver of Claims set forth above will completely bar any recovery or relief obtained on behalf of Employee or Employer, whether monetary or otherwise, by any person or entity with respect to any of the claims that either has released against the other Employee further understands that nothing in this Agreement affects Employee's right, pursuant to the Older Workers Benefit Protection seek a judicial determination of the validity of the Agreement's waiver of Employee's claims under the Age Discrimination in Employment Act. 5. Confidentiality. Except as set forth in the bolded Paragraph in Section 4 or ‘as otherwise required by law, Employee agrees that Employee will keep confidential the existence and the terms of this Agreement and the related severance payment, and Employee will not disclose or communicate to any person or entity the fact or the terms of this Agreement, except to Employee's spouse, attomey and tax preparer if Employee does disclose the terms iduals, Employee must advise them disclosure that might be made by any such individual. Any breach of the coridentalty ion will be considered a material breach of this Agreement. Employer acknowledges jons under the Pennsylvania Right-To-Know Law may incide disclosure of 6. Further Covenants by Employee. A. Employee agrees that he will provide reasonable assistance and information necessary to the transition of his job responsibilities both before and after the Separation Date. This may involve promptly responding to questions and providing information regarding the location of information or data. This duty to cooperate also includes ‘assistance and cooperation with Employer and/or other persons engaged by Employer in the investigation, prosecution and/or defense of any threatened or asserted litigation or investigations initiated by, or involving Employer, the Released E1 entity affliated with Employer Employee agrees to testify truthfully in connection with any such investigation or proceeding. Employee agrees to be represented by Employer's attorneys in any such proceeding or matter, and to maintain the confidentiality of all related information as directed by Employer or its attorneys, including but not limited to information protected by the attomey-client privilege and/or work product doctrine. Employee further understands that he was employed as a management representative of Employer and ‘agrees that he will not assist any person or entity in any threatened or asserted litigation or in any mater adverse to Employer, without fit providing writen notes to Employer's icitor. Page 3 of 6B. _ Employee agrees and acknowledges that, in the course of his employment with Employer, he acquired access to and became acquainted its past and present relat id proprietary in nature ("Confidential Employee agrees to refrain from disclosing to any person of entity any and ali Confidential Information concerning any of the Released Entities. C. _ Except as set forth in the bolded Paragraph in Section 4 or as otherwise required by law or subpoena to testify truthfully in legal proceedings, Employee agrees that Employee will not at any time make any critical, derogatory, disparaging or defamatory affiliates, its related or affiliated entities, their predecessors, successors and assigns past and Beas and all past and present elected and appointed officials, officers, attorneys, or Communications), final rate of pay, and dates of employment D. Any breach of the provisions of this Section 6 shall be a material breach of ire to comply with the provisions rable harm and losses of types and in amounts that may be diffi to compute and ascertain with certainty and, accordingly, Employer shall have the right to seek injunctive or equitable relief relating to any threatened or actual breach by Employee. Furthermore, in the event that either party has committed @ breach of any provision of this 6, the breaching party will pay the non-breaching party liquidated damages in the amount of is Section 6 may cause the Re Five Thousand Dollars ($5,000.00) for each violation; provided that such breach is properly established. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty or as a limitation of liability in the event that actual damages can be ascertained. 7. _ Return of Property and Equipment. Employee agrees that Employee already has or will promptly deliver to Employer all Employer all credit cards, computer equipment, telephone equipment, keys, passwords, vehicles, memoranda, notes, records, letters, documents, lists, plans, compositions, formulations, computer data and othe’ tangible or intangible items made or compiled by Employee or in Employee's possession ‘conceming or rel any business, product, process, operation, personnel, or business associate of Employer. Employee acknowledges and agrees that all such materials are the sole property of Employer, and that he has no right, title or other interest in or to such materials. Employee further agrees to delete or otherwise remove from his personal computers and devices copies of any Borough-related data and information, whether in electronic form or otherwise 8. No Representations or Admissions. Employer and Employee do not admit ‘any wrongdoing or liability of any sort and has made no representation as to any Page 4 of 6wrongdoing or liability of any sort, and this Agreement is executed to bring an amicable conclusion to the employment relationship. 9. rior Assignment. Employee represents and warrants that Employee has not heretofore assigned or transferred, or purported to assign or transfer, to any person or entity any claim or other matter herein released. 10. Entire Agreement. Employee agrees and acknowledges that, other than the terms of this Agreement, no promise or representation has been made to Empl induce Employee to enter into this Agreement. This Agreement constitutes the the termination of Employee's employment and with respect to the rights and obligations of the parties going forward. 11. Severability. In the event that any provision of this Agreement to be void, voidable, or unenforceable, the remaining portions hereof shall re force and effect. 12. Governing Law. This Agreement shall be governed by the laws of the ‘Commonwealth of Pennsylvania. 13. Acknowledgment. Employee acknowledges that: a. _ Employee has been advised to consult with an attorney of Employee's choosing concerning the legal significance of this Agreement and that Employee has consulted with an attorney prior to executing this Agreement; b. this Agreement is written in a manner that Employee understands; ¢. _ the consideration Employee is receiving consists of benefits to which Employee is not otherwise entitled; d. Employee is competent to understand the content and effect of this Agreement and Employee has entered into this Agreement knowingly, by his free will and choice without any compulsion, duress or undue influence from anyone; Employee has been offered twenty-one (211 had ample opportunity to review all of the provisions of this Agreement; and f. __ Employee has been advised that during the seven (7) day period following Employee's execution of this Agreement, Employee may revoke Employee's acceptance of this Agreement by delivering written notice of revocation to Adam L. Santucci, McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, PA 17101, and that this Agreement shall not become effective or enforceable until after the revocation period has expired. Page 5 of 6In Witness Whereof, Employee has hereunto set his hand caused this Agreement to be executed by its duly authorized agent, forth below. This Agreement will become binding and irrevocable on is signed by Employee. WITNESS: BOROUGH OF MIDDLETOWN = By. Name: Title: Date: WITNESS: Page 6 of 6