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MUTUAL RELEASE AND COVENANT NOT TO SUE <br /> KNOW ALL BY THESE PRESENTS : <br /> This Mutual Release and Covenant Not to Sue is entered into by and <br /> between INDIAN RIVER COUNTY (hereafter "COUNTY") and KIMBERLY E. <br /> MASSUNG (hereafter "MASSUNG") . <br /> WHEREAS, MASSUNG was under employment contract with COUNTY for <br /> services as Executive Aide to the Commission; and <br /> WHEREAS , MASSUNG requested the Board of County Commissioners to <br /> terminate her employment agreement; and <br /> WHEREAS , the Board of County Commissioners by a three-to-two vote on <br /> January 23 , 2007 voted to terminate MASSUNG ' S employment agreement; and <br /> WHEREAS, COUNTY and MASSUNG desire the separation to be on <br /> amicable terms, <br /> NOW, THEREFORE, IT IS AGREED by COUNTY and MASSUNG as <br /> follows : <br /> 1 . In consideration of the severance package as set forth in Exhibit "A" <br /> attached hereto , MASSUNG and the COUNTY, their heirs, assigns and representatives do <br /> hereby waive, renounce, release and discharge in whole any claim that each may have against <br /> the other and each waives and renounces and gives up any claim that this agreement was made <br /> under duress, incapacitation or by mistake ; and it is the intent of the parties to discharge each <br /> other from any former, existing or alleged duties under the employment contract. <br /> 2 . MASSUNG acknowledges receipt of consideration in the form of the <br /> severance package set out in Exhibit "A" attached hereto , which includes COUNTY payment <br /> of MASSUNG' S single group health insurance coverage premiums from February 1 , 2007 <br /> through January 31 , 2008 . <br /> 3 . COUNTY and MASSING make no reservation of right to assert a <br /> claim or cause of action against each other. <br /> 4. COUNTY and MASSUNG by this agreement permanently covenant <br /> not to sue each other and do hereby release, acquit and forever discharge each other from any <br /> and all actions, claims, damages, attorney' s fees or costs of any nature arising from <br /> MASSUNG' S employment with the COUNTY and/or her separation from the COUNTY <br /> whether known or unknown. This Mutual Release and Covenant Not to Sue includes, but is <br /> not limited to any claim(s) either known or unknown arising in law or in equity, under tort or <br />