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contract, including but not limited to intentional infliction of emotional harm or distress; the <br /> United States or the Florida Constitution; any federal or state whistleblower statute ; and any <br /> federal, state, or local laws prohibiting employment discrimination or restricting the <br /> COUNTY' S right to take personnel action with respect to its employees. <br /> 5 . The term "COUNTY" as used in this Mutual Release and Covenant Not <br /> to Sue extends to the Board of County Commissioners collectively, and individually to Board <br /> of County Commission members Gary C. Wheeler, Sandra L. Bowden, Wesley S . Davis, <br /> Joseph E. Flescher, and Peter D. O ' Bryan, as well as any officers, employees or insurers of <br /> COUNTY. <br /> 6. MASSUNG hereby waives any liberty interest in a name clearing <br /> hearing under the due process clause of the United States Constitution. <br /> 7. COUNTY and MASSUNG waive any contractual term of employment <br /> related to written notice of resignation or termination. <br /> S . In the event that either party is forced to institute legal proceedings for <br /> breach of the terms of this Mutual Release and Covenant Not to Sue, it is specifically <br /> understood and agreed that any trial shall be non jury. The parties further agree that the <br /> prevailing party shall be entitled to receive its costs and attorney' s fees incurred in connection <br /> with enforcing the terms of this Mutual Release and Covenant Not to Sue. <br /> 9 . The parties agree that this Mutual Release and Covenant Not to Sue <br /> constitutes the entire understanding and agreement of the parties hereby and there exists no <br /> other understandings or agreements, express or implied, concerning this subject matter. <br /> IN WITNESS WHEREOF, the parties hereunto knowingly and voluntarily <br /> execute this Mutual Release and Covenant Not to Sue. <br /> KIMBERLY E. MASSUNG <br /> �J wl�te Zr 777�ry�, <br /> Date : ->2A- 10 '7 <br /> INDIAN RIVER COUNTY <br /> ATTEST: Jeffrey K. Barton, Clerk By: C U/ <br /> Gary 4V. Wheeler, Chairman <br /> BY: 11;KdLzeG <br /> Deputy Clerk o BCC approved : 03 / 13 /07 <br /> APPROVED AS TO FORM <br /> 2 AND LEGAL SUFFICIENCY <br /> F:Wttomey\Nancy\DOCS\massung mutual release and covenant not to sue.doc tryL <br /> WILLIAM G. COLLINS 11 <br /> COUNTY ATTORNEY <br />