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RESIGNATION AGREEMENT AND RELEASE

This Resignation Agreement and Release ("Agreement") is entered into by and between the CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL, . 'DISTRICT ("DistrictJ, an independent school district organized under the laws of-the State of Texas, and ANNETTE T. 'GRIFFIN (,'Griffin"), an individual residing in the State of Texas; .

RECITALS

WHEREAS, Griffin is currently an employee of the District under a written term contract of employment (the "Contract"), attached hereto for reference as Exhibit "A", which Contract includes a term ,that commenced on September 6, 2007 and ends ali June 30,2010; and

WHEREAS, it is the desire, purpose, and .intention of the District and Griffin 'to compromise, settle, dismiss arid fully discharge each other from any and all claims, actions and causes of action of any nature whatsoever related to' the employment 'relationship between the District and Griffin and to end such employment relationship.'

TERMS AND CONDITIONS

For good and valuable consideration, the sufficiency of which IS hereby acknowledged, the District and Griffin agree.as follows:

I. Definitions. The following defined terms shall have the meaning stated below: .

A. The term "claims" means any and all theories of recovery of whatsoever

nature which either Griffin or the District could assert against the other regarding any issues related to Griffin's employment with the District, whether.known or unknown, recognized 'by the law of any jurisdiction and comprehensively includes, but is not limited to, -causes of action, allegations, demands, liability, . suits, charges and judgments, whether arising in equity-or under the common law or any contract or any statute or otherwise, including but not limited to, any and all other claims. ever alleged, currently alleged or that might be alleged, and the facts and, events giving rise theretothrough the date of the execution of this Agreement. In this regard, the term "claims" related to Griffin's employment with the District includes, but is not limited to, breach of contract, whether written or oral; including any and all claims related to ·or arising from her Contract; claims for vacation pay, health .insurance, sick pay, leave or other employee benefits; . claims regarding termination of employment; claims regarding settlement negotiations; claims arising under or related to the law of torts; claims of harassment; "Whistleblower" claims; claims asserted pursuant to federal or state law, including

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alleged violations. of and/or claims arising under the Civil Rights Act, 42 U.S.C. §1983, . et seq., Age Discrimination in Employment Act ("ADEA")~ Americans With Dis'abilities Act, 42 .U:S.C. §l2201, et seq. ("ADA"); Title VII of the Civil Rights Act of 1964, as amended 42 U.S.C. §2000e, et seq., the Texas Commission on Human Rights Act, as amended under the Texas Labor Code §21.00l, et seq. (West 2004); the Family Medical Leave Act, 29 U.S.C. §260l (1993), the Fair Labor Standards Act, .29 U.S.C §201 (1982); the Equal Pay Act, 29 U.S.C. §206(d) (1938); the Health Insurance Portability and Accountability . Act ("HIP AA"), the First Amendment to the. United States Constitution, the United States Constitution, the Texas Constitution; Texas Labor Code, §45LOOl (West 2004), Texas Government Code §554.002 (West 2004), and Texas Election Code §276.004 (West 2004). Claims shall not include any causes of action arising out of any breach of this Resignation Agreement and Release. .

B. The term "damages" means any and all elements of relief or recovery of

whatsoever nature, which either Griffin or the District could-seek, claim, or recover from . each oilier, whether knownor unknown, recognized by the law of any jurisdiction and includes, but is not limited to the following: actual, consequential, incidental and special damages of every description, such as economic loss,· property loss or personal injury;

. any other item of loss or injury; statutory, treble; multiple,'. compensatory or . punitive damages; damages resulting from a loss of employee benefits, including vacation pay, sick payor employee leave; attorneys' fees; pre-judgment or post-judgment or other interest;· equitable relief; costs of court and expenses. The term. "damages" also includes, but is not limited to, all elements of recovery or relief ever alleged, currently alleged, or that might havebeen alleged as of the effective date of this Agreement, and the facts and events giving rise thereto. Damages shall not include any elements of relief or-recovery arising out of any breach of this Resignation Agreement and Release.

C. The term. "Griffin" means Annette T. Griffin, acting individually, and/or on

-behalf of her heirs, executors', administrators, legal representatives, beneficiaries and assigns, and in all capacities in which she has or might have asserted claims against the District.

D. The term. ''District'' means the Carrollton-Farmers Branch Independent

School District, its current, former and future Board of Trustees and individual trustees, superintendents.-administretors, other employees, representatives, agents, predecessors, successors, assigns .and legal representatives and all other persons, firms or corporations in privity with it or any. of them.

E. The terms "Party" or "Parties" mean the District andlor Annette T. Griffin.

lfmmGNATKON AG]mEMENT ANJD RELEASE

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II. Release.

A. Complete and General Release by the Parties. The Parties hereby

unconditionally and-forever release, acquit, and discharge each other of and from any and . all cla:ims and from any and all damages arising from, attributed to, or related to:

1. Griffin's employment with the District, occurring through the date- of

execution of this Agreement;

2. All acts or omissions or other conduct, or the breach of any legal

duty attributable to the District or Griffin regarding Griffin's employment with the District, occurring through the date of execution of this Agreement, including but not limited to claims related to or arising from her Contract;

3. . All allegations ever made, currently made or that might have been.

made by Griffin against-the District or by the District against Griffin regarding Griffin's employment with the District through the .date of execution of this Agr"eement,. including actions .during the termination of employment . and . settlement negotiations of this matter. .

TIL Covenant Not To Sue. Subject to the performance of this Agreement, Griffin and the District agree and covenant not to sue or prosecute the other party on any Claims, or for any damages, coming within the Release stated above, save and except for breach or non-performance of this Agreement.

IV. Representations.

A. The consideration described ill, Section V of this Agreement is

consideration for .the Parties' execution of this Agreement. The consideration for this Agreement is not something to which the Parties are indisputably entitled, and is agreed to by or on behalf of the Parties in full satisfaction of all claims, damages, rights or privileges allegedly accruing to the Parties.

B. The Parties are authorized to sign this Agreement, but the Board of

Trustees of Carrollton-Farmers Branch Independent School District must. ratify and approve this Agreement at a .public meeting. Failure of the Board to ratifY and approve this Agreement by December 11, 2008 will render it null and void, and of no force or

effect.· .

C. Griffin and the District own 100% of the claims, damages and other rights

or privileges released by them Under this Agreement and no other person or entity owns . any interest therein by assignment or subrogation or otherwise.

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D. Neither the District nor Griffin has in any way assigned or otherwise

transferred to any person or entity any interest in the dainages and claims released by this

Agreement. '

E. Griffin and the District presently possess the exclusive right to' receive all

of the consideration to be received by them under this Agreement. '

F. By entering into this Agreement, the Parties' acknowledge that:

1. The District and Griffin deny any liability to each other;

2. The Parties deny any unlawful or tortious conduct or any other wrongdoing;

3. The Parties have entered into this Agreement willingly' for reasons

set forth in the Recitals above and in consideration of the terms set forth below in section "V." of this Agreement; and

4. The Parties agree that neither this Agreement nor any action or acts

taken in connection with this Agreement or pursuant to' it will constitute an admission or" any evidence of unlawful or tortious or improper acts or conduct at any 'time by the Parties.

V. Agreements And Consideration Agreed To By The Parties.

A. Upon execution of this Agreement and in consideration .thereof, Griffin

agrees as follows:

1., Griffin acknowledgesreceipt of the Agreement on November 10,

2008 through her attorney, and agrees to. tender her resignation from her employment contract on December 2,2008, to be effective on December 31, 2008. Griffin will retain all her existing contract rights as an employee through December ~ 1, 2008, except that she agrees to resign from her position and title of Superintendent of Schools effective December 2, 2008. Except as otherwise expressly set forth in this Agreement, all rights and benefits arising from or related to her employment with the District shall be terminated on December 31, 2008. Griffin agrees that .this Agreement and her resignation becomes final and irrevocable on December 10, 2008. It is understood and agreed that Griffin has

, tendered her resignation of her own accord and in settlement of her claims and potential claims against the District: For record-keeping purposes and on the date and time of the execution of this Agreement, Griffin will furnish' a dated and signed separate written resignation letter that is in the form attached .hereto as Exhibit ''B''.

2. Griffin agrees that on December 31, 2008' she will be paid as full

and complete compensation for her claims to salary and benefits under her'

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Contract and/or pursuant to District policy, including but not limited to satisfaction of claims for payment of her State or District leave that was accumulated prior to her date of resignation, as well as any and all vacation days, personal days, sick days, and as consideration 'for the release of all of her claims or rights related to or arising from her Contract or .claims or rights provided for by law or equity, the amount of ONE HUNDRED THOUSAND AND NOIlOO ($lOO~OOO.OO) DOLLARS.

3. After December 31, 200R, Griffin agrees and acknowledges that she

shall not be paid, provided or entitled to any salary, payments, compensation, or other employment related benefits, includinghealth care benefits ..

4. Griffin agrees not to re-apply for employment with the District in

the future.

5. ' Griffin agrees to the full. release and 'covenant not to sue set out in

Sections II and III of this Agreement. '

B. Upon execution of this Agreement and in consideration thereof, the District

agrees as follows:

1. The parties agree that as part of this Agreement the - computer and

communication equipment provided' to Griffin pursuant to her employment contract shall become the sale property of Griffin. Griffin shall pay to the District 'the'sum of FNE HUNDRED FIFTY AND NO/IOO ($550.00) DOLLARS for the 'sald equipment which the parties agree is a fair and reasonable price, and - the District shall execute a Bill of Sale for same to Griffin. '

C. Upon execution of this Agreement and in consideration thereof, the District

agrees as follows:

1. District hereby accepts 'Griffin's resignation. Griffin's resignation

becomes final and irrevocable on the eighth (8th) day following the execution of this Agreement, and the' Agreement shall not become effective or enforceable until the revocation period has expired.

2. bistrict agrees to the full release and covenant not to sue set out in

Sections il,and'III of this Agreement,

3. District agrees that it will place this Agreement in a separate file to

be maintained by the Director for Human Resources of District. The parties understand and agree that this Agreement is subject to the Texas Public

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Information Act. The District may dispose of such record upon the expiration of

any applicable period of retention required by law.· .

4. District will not prevent -or interfere with any individual District

employee providing a letter of reference for Griffin if such an employee desires to provide such -a letter. The Human Resources Department of the District, in response to any inquiries, will provide only a neutral reference setting forth Griffin's duties, position, salary and dates of employment

VI. Miscellaneous Provisions.

A. Acknowledgment of Release of All Claims; Griffin and the District

understand and expressly agree that this Agreement extends to all of the Parties' claims . of every nature and kind, known or unknown, suspected or unsuspected, past or present, arising from, attributable to or related to Griffin's employment with District through the date of execution of this Agreement.

B.· Costs and Attorneys' Fees. Griffin and the District shall bear their own

respective costs and attorneys' fees.

C. Modification.· This Agreement cannot be altered, amended or modified in

. any respect, except by a writingduly -executed by the Parties. All prior agreements, understandings, oral agreements and writings are expressly superseded hereby and are of no further force or effect.

D. Construction of Terms. This Agreement shall be deemed drafted equally

by the Parties. The language of all parts of this Agreement shall be construed as a whole 'according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement arefor the convenience of the Parties and are not intended to be used in construing this document.

, E.· Severability. 'The provisions of this Agreement are severable. If a court of

. competent jurisdiction· rules that any portion of this Agreement is invalid or unenforceable, the _court's ruling will not affect the validity and enforceability of other provisions of this Agreement.

F. . Remedies for Breach. In the event of a breach of this Agreement, -the Parties shall have all remedies available at law or in equity.' This Agreement shall be interpreted under the laws of the 'State of Texas. Venue, ill the event of suit, shall lie in a court of appropriate jurisdiction in Dallas County, Texas.

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G. ADEA Waiver. Griffin aclrnowledges that (1) she is waiving any right to.

sue under the Age Discrimination in Employment Act ("ADEA") for rights or claims that she may allege to have occurred on or before her execution of this Agreement; (2). she has been 'advised in writing to consult with an attorney prior to executing this Agreement; (3) she has been provided at least twenty-one (21) days to consider this Agreement; (4) for the seven.r") day period following the execution of this Agreement she may revoke her consent to this Agreement; arid (5) she lrnowingly and voluntarily waives' all claims under the .ADEA in accordance with all of the provisions set forth in 29 U.S.C. §626(f}and the terms of this Agreement. Notice of revocation must be sent in writing to theBoard of Trustees of the District.

H. Acknowledgments.. The Parties further acknowledge that they have

carefully read this Agreement, that they have consulted with their attorneys prior to executing this Agreement, that they have had. an opportunity for review of it by their attorneys, that they fully understand. its [mal and binding effect, that· the only promises made to them to sign this Agreement. are those stated.above and that they are signing this Agreement voluntarily. The Parties also acknowledge that signatures obtained via facsimile or-electronically are sufficient to execute this Agreement.

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REMAINDER OF PAGE INTENTIONALLY BLANK.

SIGNATURE P A GE(S) FOLLOWS.

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Date: December 2, 2008

ACKNOWLEDGMENT

The above and foregoing Resignation Agreement and Release was acknowledged before me by Annette T. Griffin on this 2nd day of December, 2008.

My Commission Expires: 5/2;Z/2tJIIJ

State of Texas .

John Te per, Presiden Board Trustees

Carrollton-Fanners Branch Independent School District

Date: December 4, 2008

ACKNOWLEDGMENT

The above and foregoing Resignation Agreement and Release was acknowledged . before me by John Tepper, 'President of the Board of Trustees and a duly authorized representative of the Carrollton-Farmers Branch Independent School District, this 4th day

of December, 2008. . . (~ /;1 .

~~~z~:J·

Notary Public in and for the .

State of Texas . 1. LiJl.

My Commission Expires: /Jc,/tJ 1/'01

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