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MILLERSBURG AREASCHOOL DISTRICT

CONTRACT FOR EMPLOYMENT OF DISTRICT SUPERINTENDENT

THIS CONTRACT is made and entered this 23rdday of April, 2015, by and
between the Board of School Directors of the MILLERSBURG AREASCHOOL
DISTRICT (the “District”) and Thomas J.Haupt, (hereinafter referred to as “District
Superintendent” or Mr.Haupt).
WHEREAS, the District is organized under laws of the Commonwealth of
Pennsylvania, including but not limited to the and pursuant to the Public School Code of
1949, as amended (the “School Code”); and
WHEREAS the District is administered by a Board of School Directors (the
“Board”) elected under and subject to the School Code; and
WHEREAS, the Board, at a regularly scheduled meeting, duly and properly
called on the23rd day of April 2015, did appoint Mr. Haupt to the office of District
Superintendent in accordance with the provisions of Sections 508, 1071, 1073 and
1073.1 of the School Code; and
WHEREAS, the parties have agreed upon certain terms and conditions of
employment and desire to reduce said terms and conditions to writing;
NOW, THEREFORE, the parties, intending to be legally bound hereby, and
inconsideration of the mutual covenants contained herein, agree as follows:

1. Term.

The Board, in consideration of the promises herein contained, has employed Mr.
Haupt and Mr. Haupt hereby accepts said employment as District Superintendent of the
MILLERSBURG AREASCHOOL DISTRICT for a four-year term commencing on May
11, 2015 and ending on June 30, 2019 (“Term”).
This Contract shall terminate immediately upon the expiration of the aforesaid
Term unless the Contract is sooner modified or terminated in accordance with this
Contract or allowed to renew automatically in accordance with Section 1073(b) of the
School Code or this Contract.
2. Authority of District and District Superintendent.

The District, on its own behalf and on behalf of the electors of the District, and
District Superintendent hereby retain and reserve all power, rights, authority, duties and
responsibilities conferred upon and invested in it and in him, respectively, by the laws
and the Constitution of the Commonwealth of Pennsylvania save for any power, rights,
authority, duties and responsibilities limited by the express terms of this Contract.
3. Professional Qualifications.

The District Superintendentrepresents and warrants that he possesses all valid


qualifications, credentials and clearances that are required by law to serve as the
District Superintendent in the Commonwealth of Pennsylvania and that he will maintain

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the same throughout the Term of this Contract.The District Superintendent represents
and warrants that his application for employment submitted to the District and all
information he provided regarding current and past employment, including employment
in a school entity or an entity where he had direct contact with children, is complete and
accurate. The District Superintendent further agrees to subscribe to and take the oath of
office before entering upon his duties, in accordance with Section 1004 of the School
Code.
4. Duties and Responsibilities.

A. During the Term of this Contract the District Superintendent agrees to serve
as Chief Administrator of the District and Executive Officer for the Board of
School Directors, and to perform the duties of the District Superintendent to
the best of his abilities in a competent and professional manner in accordance
with the laws of the Commonwealth of Pennsylvania, the District’s Job
Description for the position of District Superintendent (attached and
incorporated into this Contract as Appendix A), and the provisions of this
Contract.
B. The District Superintendent shall be responsible for the total day-to-day
administration of the District subject to officially adopted policies of the
Board.The Board and District Superintendent will establish a protocol for
communications by or between individual members of the Board and District
staff that recognizes each member of the Board should work primarily through
the District Superintendent on official business and that respects each Board
member’s responsibility to monitor and conduct oversight over District
operations and activities.
C. The District Superintendent shall have a seat on the Board of School Directors
and the right to speak on all issues before the Board but shall not have the
right to vote.The District Superintendent shall have the right to attend all
regular and special meetings of the Board and all committee meetings thereof,
excepting those relating to the District Superintendent’s own employment, and
shall serve as advisor to the Board and its committees in all matters affecting
the District.The Board and its members individually shall refer all criticisms,
complaints and suggestions called to its attention to the District
Superintendent through the communication protocol described in Section 4.B,
above.
D. The District Superintendent agrees to devote his time, attention, energies,
skills and labor to his employment as District Superintendent during the term
of this Contract provided, however, that he may undertake, and be
compensated for, outside work, including consultative work, speaking
engagements, writing, lecturing, adjunct teaching, or other professional
services that do not interfere with the District Superintendent’s obligations
pursuant to this Contract, subject to advance notice and approval by the
Board. The Board shall not unreasonably refuse such approval. If the Board
reasonably determines that anypreviously-approved outside work of the
District Superintendent substantially interferes with the needs of the District ,

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the Board shall so notify him and the District Superintendent will stop the
outside work as soon as practicable.

5. Compensation – Salary and Benefits

A. Salary.
(1) Effective May 11, 2015, the annual base salary of the District
Superintendent shall be the amount of One Hundred Fifteen Thousand
Dollars ($115,000.00), payable subject to the District’s ordinary payroll
practices, and with all deductions as required by law or otherwise authorized
by the District Superintendent.
(2) On July 1, 2016 and on July 1st of every subsequent year of this Contract,
the District Superintendent shall be eligible for an increase to his base salary
of two percent (2%), awarded on the condition that the District Superintendent
is rated “Proficient” or better in each rating category of the evaluation
described in Section 6, below.
(3) The Board hereby retains the right to increase the salary of the District
Superintendent at any time during the Term of this Contract.However, the
Board shall not decrease the District Superintendent’s salary at any time
during the term of this Contract, or through any amendment or extension of
this Contract, unless agreed to in writing by the District Superintendent.
(4) The District in so annually adjusting the District Superintendent’s salary
shall not be considered to have entered into a new contract with the District
Superintendent or to have extended the termination date of this Contract.
B. Benefits.In addition to salary, as set forth herein, the District shall provide the
District Superintendent with the following benefits:
(1) Vacation Leave and Holidays
The District Superintendent shall receive vacation days as per the following
schedule:
 For the period between May 11 and June 30, 2015: ten (10) days, and the
number of such vacation days unused by June 30, 2015, shall be divided
by 2, and the resulting number shall carryover to the period beginning July
1, 2015; the remainder of such unused days not carried over shall be lost.
This provision shall not apply to any year or period of time other than the
period ending June 30, 2015.
 For the school year beginning July 1, 2015: 22 days.
 For the school year beginning July 1, 2016: 23 days.
 For the school year beginning July 1, 2017: 24 days.
 For the school year beginning July 1, 2018: 25 days.
Excepting the provision above for the period ending June 30, 2015, the
unused portion of such allowance of vacation leave shall accrue from year to
year.

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If this Contract is terminated voluntarily, the District shall pay the District
Superintendent for unused vacation leave at his then-current per diem rate of
pay for each day of unused vacation leave, up to a maximum payment of
Forty Thousand Dollars ($40,000).If this Contract is terminated for any
ground(s) subject to Section 1080 of the School Code, then the District
Superintendent shall not be entitled to payment for any unused vacation days.
In addition, the District Superintendent shall receive, with full pay, all holidays
available to twelve-month administrative employees covered under the
District’s administrator compensation plan adopted pursuant to Section 1164
of the School Code (24 P.S. 11-1164) (“District Administrator Compensation
Plan”).
(2) Sick Leave
The District Superintendent shall carry forward in this Contract and be
credited on the first day of this Contract with thirty (30 days) of his unused
sick leave accrued during his employment with the West Shore School
District.
In addition, the District Superintendent shall receive twelve (12) days of sick
leave with full pay each year of this Contract, on July 1 of each year of this
Contract.In addition, the unused portion of such allowance of sick leave shall
accrue from year to year without limit.
Upon the District Superintendent’s PSERS retirement, the District shall pay
the District Superintendent for not more than One Hundred Twenty-Five (125)
unused days of sick leave at the rate set forth in the District’s Administrative
Compensation Plan adopted pursuant to Section 1164 of the School Code
(24 P.S. 11-1164) for each day of unused sick leave.
The District Superintendent may use hisdays of sick leaveto care for
members of his “immediate family” as that term is defined in the
“Bereavement Leave” subparagraph of this Contract.Sick days used for
members of his “immediate family” will be deducted from his allocated sick
leave in the same manner as those used for his own illness.
(3) Emergency Leave
The District Superintendent will be entitled to one (1) day per school year of
emergency leave with full pay whenever needed.Emergency is defined as an
event which is uncontrolled and unplanned by the District Superintendent and
which requires the immediate attention of the District Superintendent.The
District Superintendent shall notify his administrative assistant of his election
of such leave as soon as practicable.
(4) Bereavement Leave
The District Superintendent shall be entitled to up to five (5) days of
bereavement leave, with full pay, because of a death in the District
Superintendent’s immediate family.“Immediate family” is defined as father,
mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law,
parent-in-law, stepparent, grandparent, grandchild, someone residing in the

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same household or any person with whom the District Superintendent
lives.The District Superintendent shall be entitled to one (1) day of
bereavement leave, with full pay, because of a death of a “near relative”.In
the event that the District Superintendent attends the funeral of a “near
relative” that is held at a location of 150 miles or more from Millersburg, PA,
he shall be entitled to two days of bereavement leave with full pay. “Near
relative” is defined as a cousin, aunt, uncle, niece, nephew, brother-in-law, or
sister-in-law of the District Superintendent or his spouse.
(5) Jury Duty and Court Appearances
The District Superintendent shall be permitted to attend, without loss of pay or
benefits, jury duty and court and other appearances for any proceeding in
which he is subpoenaed to appear.
(6) Life Insurance
The District shall obtain and pay the full cost of the premiums for the
purchase of a term life insurance policy with a benefit amount equal to two (2)
times the District Superintendent’s annual salary, rounded to the next highest
thousand dollar amount.The District Superintendent shall have the sole right
to determine the beneficiary of such policy.
(7) Disability Insurance
The District shall pay a stipend to the District Superintendent to reimburse up
to $1200 per year toward his premiums for the purchase of a disability income
protection insurance policy. The selection of the policy and its provider shall
be at the full discretion of the District Superintendent. Said stipend shall be
conditioned upon the District Superintendent’s presentation to the District of
his proof of payment of the premium, and shall be adjusted pro rata to the
frequency of premium payments.
(8) Medical Insurance
The District shall provide the District Superintendent, his spouse, and eligible
dependents medical insurance benefits, including but not limited to
hospitalization, physician coverage, major medical, prescription, vision, and
dental coverage, or substantial equivalents thereto, under the same terms
and conditions as provided under the District’s administrator compensation
plan adopted pursuant to Section 1164 of the School Code (24 P.S. 11-1164)
or to any other District employee.The District Superintendent shall have the
right, at his sole discretion, to select his medical insurance coverage from the
plan coverage offered by the District to any District employee.
If, during the period covered by a renewal or an extension of this Contract the
District Superintendent were to become eligible for PSERS retirement, then
the District shall engage in a good faith discussion with the District
Superintendent for said renewal or extension to provide the District
Superintendent with medical insurance benefits at least comparable to those
medical insurance benefits provided to then-current District administrators, for
up to ten (10) years or until the District Superintendent reaches the age of
sixty-five (65) or the age in which the District Superintendent becomes eligible

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for Medicare, whichever comes first. Thisagreement to engage in a good faith
discussiondoes not compel either the District or the District Superintendent to
agree to a proposal or require the making of a concession.
(9) Liability Insurance
The District shall provide and pay the full cost of legal liability and general
liability insurance coverage that provides the District Superintendent coverage
for acts and omissions undertaken in the course and scope of his
employment with the District.
(10) Graduate Courses, Professional Development and Continuing
Education
The District shall pay the full cost of tuition up to but not more than The
Pennsylvania State University graduate credit ratefor all graduate courses,
including on-line courses, taken by the District Superintendent at an
accredited institution, up to a maximum of six (6) credits per year.The District
shall make such payment to the District Superintendent upon hiscompletion of
said course. No course is subject to repayment in which the District
Superintendent fails to receive a final grade of “B” or higher.
The District shall reimburse the District Superintendent for the full enrollment
costfor all professional development courses and continuing education
courses taken by the District Superintendent during this Contract; provided
that such courses are approved in advance by the Board and No course is
subject to repayment in which the District Superintendent fails to receive a
final grade of “B” or higher.
Upon departure from the District, the District Superintendent shall repay the
District for all reimbursed credits pursuant to the following schedule:
Credits reimbursed within previous Amount
 One (1) year 100%
 Two (2) years 60%
 Three (3) years 40%
The District Superintendent authorizes the District to withhold said repayment
amounts due the District from amounts otherwise due the District
Superintendent upon the end of his employment.
(11) Professional Associations
The District shall pay the full cost of the District Superintendent’s annual
membership and participation in at least three professional associations, with
said amount in the aggregate not to exceed Two Thousand Five
HundredDollars ($2,500) per school year.The District recognizes the
obligation to professional growth and development provided by these
affiliations and encourages and permits the District Superintendent to
participate actively.The District and District Superintendent may mutually
agree to change, add to, or delete the professional association memberships
covered by this paragraph, and any such change shall be in writing and
approved by the Board.

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(12) Meetings, Conventions and Conferences
The District Superintendent shall have the right to attend at least one state-
wide meeting, convention and/or conferenceper school year for the purpose
of professional development. Any meeting, convention and/or conference that
requires an overnight stay requires advance approval by the Board.The
District Superintendent shall be reimbursed for all reasonable costs
associated with such meetings, conventions and conferences including
registration, travel, food and lodging in accordance with District policies and
procedures applicable to other District professional employees. At the next
regular meeting of the Board following a meeting, convention or conference
covered by this section, the District Superintendent shall provide a written
report to the Board of said proceedings and review any issues or information
from the same that may be beneficial to the District.
(13) Expense and Mileage Reimbursement
The District shall fully reimburse the District Superintendent for all reasonable
expenses incurred by the District Superintendent in the discharge of his
duties, upon proper documentation, in accordance with District policy and
procedures.The District shall also reimburse the District Superintendent for
mileage associated with use of his private vehicle outside the boundaries of
the District in the performance of the District Superintendent’s duties.
Ordinary commuting between the District Superintendent’s residence and the
District is not eligible for mileage reimbursement. Saidmileage reimbursement
shall be based on the then-current mileage allowance as established by the
Internal Revenue Service (“IRS”), as the same may be changed or modified
from time to time by the IRS.
(14) Cell Phone Allowance/Laptop
The District shall provide the District Superintendent with a cellular/data
phone and service that is used for District purposes. In addition, the District
shall provide the District Superintendent with a laptop computer.
(15) Other Benefits
The District Superintendent shall be entitled to any and all benefits and
incentives provided to any other District employee, including but not limited to
all benefits and incentives specified in the District’s administrative
compensation plan adopted pursuant to Section 1164 of the School Code (24
P.S. 11-1164), even though such benefits are not enumerated in this
Contract.Any increase or improvement in benefits and incentives extended to
District employees during the Term of this Contract will also be extended to
the District Superintendent and become part of this Contract.Any decrease or
reduction in benefits or incentives to District employees that affect this
Contract will not reduce the benefits and incentives provided to the District
Superintendent during the term of this Contract but may be discussed upon
any Contract renewal.Nothing contained herein shall preclude the District
from providing additional benefits and incentives to the District
Superintendent as may be agreed to by the parties.
6. Assessment of Performance.

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A. The Board shall evaluate the performance of the District Superintendent at
least once each School Year, in accordance with applicable statutes,
regulations and Board policy. The evaluation instrument will be developed by
the Board in consultation with the District Superintendent. Each rating
category on the evaluation instrument will be assessed as one of the
following:
 Distinguished;
 Proficient;
 Needs Improvement; or
 Failing

Each annual evaluation shall be in writing, using a mutually agreed upon


method as a basis for the evaluation, and will be presented to the District
Superintendent no later than May 15 of the School Year at issue. The Board
will reasonably strive to reach a consensus as to the District Superintendent's
performance in each rating category of the evaluation. Any rating category the
Board assesses at Needs Improvement or Failing shall be supported with
reasonable detail. A copy of the written evaluation shall be delivered to the
District Superintendent, who shall have the right to provide a written response
to the evaluation by delivering the same to the President of the Board within
fifteen (15) days of the District Superintendent's receipt of the written
evaluation. The written evaluation and the District Superintendent’s response
(if any) may be shared among the Board, District Superintendent and their
respective counsel only, and the parties agree to maintain the confidentiality
of the same to the extent permitted by law, excepting only the obligation to
disclose pursuant to a lawfully issued subpoena or an Order of Court.
Notwithstanding the above, the Board shall post on the District’s website the
date of the written evaluation and whether or not the District Superintendent
has met the agreed upon objective performance standards.
B. The performance evaluation shall establish the basis for incremental
adjustment in the annual base salary for the District Superintendent (as set
forth in Section 5.A.2., above). Said adjustment shall be implemented
effective July 1 of the next School Year.
C. Performance Expectations, Including Objective Performance Standards.The
performance of the District Superintendent shall be assessed in part against
the objective performance standards that have been mutually agreed upon by
the Board and the District Superintendent.The Board shall post the mutually
agreed upon objective performance standards on the District website and
shall also annually post the date of the District Superintendent’s annual
performance assessment and whether or not the District Superintendent met
the agreed upon objective performance standards.No other information
regarding the District Superintendent’s performance assessment shall be
posted on the District website or in any other manner disclosed by the District
unless expressly required to do so by state or federal law. The Board and

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District Superintendent hereby mutually agree to the objective performance
standards that are attached hereto as Appendix B and incorporated herein by
reference (the “Standards”), and which shall be reviewed and updated as
necessary on or before July 1st of each year of this Contract unless another
date is mutually agreed upon by the Board and District Superintendent.
D. The District Superintendent shall report to the Board no less frequently than
bi-monthly with a written summary of progress on the Standards. Not later
than the January regular Board meeting of each year, the District
Superintendent shall provide a written report outlining the State of the District,
describing in reasonable detail and documentation the District’s strengths and
needs in the areas of student learning outcomes, implementation of best
instructional methods, sound financial management, community relations,
facilities management, long-range planning and goals, and human resource
management.
7. Investigations by the Board.

In the event that the Board directs that any investigation of the District
Superintendent’s conduct or performance be undertaken, the Board shall give the
District Superintendent notice of the occurrence and purpose of such investigation prior
to the conclusion of the same, and the District Superintendent will be given the
opportunity to provide a statement in his own defense prior to the conclusion of the
same.Any investigations undertaken by the Board shall be conducted without any public
disclosure by the Board or the District Superintendent of the commencement or
progress of the same.Nothing herein shall obligate the Board to share attorney-client
privileged or work product information with the District Superintendent following the
completion of any investigation of his conduct or performance, except as otherwise
required by law.
8. Professional Liability.

The Board agrees that it will defend, hold harmless and indemnify the District
Superintendent from any and all demands, claims, suits, actions and legal proceedings
brought against the District Superintendent in his individual capacity or in his official
capacity as agent of the Board and employee of the District, provided the incident arose
while District Superintendent was acting, or reasonably believed he was acting, within
the scope of his employment and as such liability coverage is within the authority of the
Board to provide under state law.The obligation of the District to defend, hold harmless,
and indemnify the District Superintendent as set forth above shall apply even if the
lawsuit in question occurs after the District Superintendent retires or otherwise leaves
the position of District Superintendent, provided the events which gave rise to the
lawsuit arose while the District Superintendent was acting, or reasonably believed he
was acting, within the scope of his employment as District Superintendent.This
obligation shall survive the termination of this Contract.
9. Reappointment.

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The Board shall provide the District Superintendent with periodic opportunities to
discuss the District Superintendent-Board relationship and shall inform him in writing at
least annually of any inadequacies perceived by the Board.If, at any time, the Board of
School Directors decides that it does not desire to renew the contract of the District
Superintendent for another term, the Board shall notify the District Superintendent in
writing by certified mail, no later than 150 days prior to the end of this Contract Term (on
or before January 31, 2019), of the Board of School Directors’ intent not to reappoint
him.Should the District Superintendent not be so notified, he shall be reappointed for a
new term of similar length to that which he is currently serving and the terms and
conditions of this Contract shall be incorporated into a successor Contract unless
mutually agreed otherwise by the Board and the District Superintendent.
10. Termination.

This Contract may be terminated prior to the end of the Term of this Contract as
follows:
A. The District Superintendent shall be subject to discharge and termination of
this Contract for the reasons specified in Section 1080 of the School Code,
and shall be afforded the right to due process under the law.At any such
hearing before the Board, the District Superintendent shall have the right to
be present and to be heard, to be represented by counsel, and to present
evidence, through witnesses, testimony, and documentation relevant to the
issue.A transcript of the record of proceedings before the Board shall be
made availableto the District Superintendent at his sole cost and
expense.The District Superintendent shall have the right to be represented by
counsel at his sole cost and expense.Upon termination for reasons specified
in Section 1080, the District shall pay the District Superintendent for all salary
up to the date of termination, but the District Superintendent shall forfeit any
claim or entitlement to payout of other salary, benefits, or unused leave of any
type.
B. This Contract may be unilaterally terminated without penalty by the
resignation of the District Superintendent at any time; provided the District
Superintendent gives the Board at least one hundred twenty (120) days’
notice prior to the effective date of the resignation, although the Parties are
free to mutually agree upon a shorter notice period without affecting benefits
due to the District Superintendent.If this Contract is terminated in this manner,
the District shall pay and provide to the District Superintendent all of the
aggregate compensation, salary, and benefits including, but not limited to,
maintaining insurance coverage and payment for unused leave, the District
Superintendent earned, accrued and/or is entitled to in accordance with this
Contract through the effective date of his resignation and termination of this
Contract plus any applicable post-employment and retirement benefits
provided for in this Contract.
C. This Contract may be terminated by the mutual consent, in writing, of the
District Superintendent and the Board.If this Contract is terminated in this
manner, and the District and District Superintendent enter into a negotiated

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agreement (the “Severance Arrangement”), the District shall pay and provide
severance compensation to the District Superintendent including the
reasonable value of any noncash severance benefits or postemployment
benefits not otherwise accruing under the contract or pursuant to law, except
that:
(i)If the Severance Arrangement takes effect two (2) years or more prior to
the Term, said payment shall not exceed the equivalent of one (1) year's
compensation and benefits otherwise due under the Contract; and
(ii)If the Severance Arrangement takes effect less than two (2) years prior
to the Term, said payment shall not exceed the equivalent of one-half of
the total compensation and benefits due under the Contract for the
remainder of the Term.
D. This Contract shall be terminated upon the death of the District
Superintendent, at which time, the District shall pay to the District
Superintendent’s estate and/or heirs all of the aggregate compensation,
salary, and benefits the District Superintendent earned, accrued and/or is
entitled to under this Contract through the date of the District
Superintendent’s death.
11. Modification.

This Contract shall not be amended, changed or modified, except in writing


approved of and signed by the District Superintendent and approved of by the Board
and signed by a duly authorized officer(s) of the Board.
12. Savings.

Should any provision of this Contract be declared illegal or unenforceable by a


court of competent jurisdiction, said provision shall be deleted from this Contract to the
extent that it violates the law.The remaining provisions shall remain in full force and
effect for the duration of the Contract if not affected by the deleted provision.If at any
time thereafter such provision shall no longer conflict with the law, then it shall be
deemed restored in full force and effect as if it had never been in conflict with the law.
13. Obligations.

This Contract shall be binding upon and shall inure to the benefit of District and
its duly authorized representatives and successors.This Contract shall be binding upon
and shall inure to the benefit of the District Superintendent and, to the extent applicable,
his personal representatives and heirs.
14. Statutory Reference.

All references to the School Code contained herein shall also refer to and
incorporate any amendment or recodification of the School Code.
15. Applicable Law.

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This Contract shall be governed and construed in accordance with the laws of
the Commonwealth of Pennsylvania.
16. Complete Agreement.

This Contract, along with any exhibits, appendices, addenda, schedules, and
amendments hereto, encompasses the entire agreement of the parties, and supersedes
all previous negotiations, understandings and agreements between the parties, whether
oral or written. Each party hereby acknowledges that he or it have not relied on any
representation, warranty or assurance of any kind, except those set out in this Contract.

IN WITNESS WHEREOF,and intending to be legally bound hereby, the parties


have caused this Contract to be duly executed the day and year first written above.

MILLERSBURG AREASCHOOL DISTRICT:

By: ______________________________________ _____________________


President, Board of School Directors Date

ATTEST:___________________________________ _____________________
Secretary, Board of School Directors Date

THOMAS J. HAUPT:

By: _______________________________________ _____________________


Thomas J. Haupt, District Superintendent Date

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