GENERAL SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (“Agreement”) is entered into by and between Kathryn Moore (“Employee”) and Park City School District (“PCSD”), collectively referred to as the “Parties.” For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual covenants set forth in this Agreement, Employee agrees as follows: DEFINITIONS 1. The term “Employee” shall mean Kathryn Moore and her heirs, agents, guardians, executors, representatives (legal or otherwise), administrators, successors, and assigns (past, present, or future), 2. The phrase “Released Parties” shall mean PCSD, and any and all of its departments, divisions, committees, groups, boards, attorneys, present and former employees, both individually and in their official capacities, agents, servants, administrators, insurers (past, present, or future), heirs, volunteers, representatives (legal or otherwise), directors, trustees, and all other persons or entities with whom any of the former have been, are presently, or may in the future be affiliated. 3. The term “Claims” shall mean any and all claims that were or could have been asserted by Employee in the matter Kathryn Moore v. Park City School District, Case No. 2:22- v-00107, in the appeal of the investigation and decision to separate, and any past, present, or future claims or grievances brought or that were or could have been asserted in any other court or administrative proceeding, arising from or relating to the facts in the above-referenced action and/or Employee's former employment with PCSD, including, without limitation, the United States District Court for the District of Utah, the State of Utah District Courts, any committees or bodies authorized to hear employee complaints, the Utah Antidiscrimination and Labor Division, the United States Equal Employment Opportunity Commission, or the United States Department of Labor. 4, The “Released Claims” shall mean any type or manner of suits, Claims, demands, grievances, allegations, charges, damages, and causes of action in law or in equity under federal, state, municipal, or local statute, law, ordinance, regulation, constitution or common law, whether known or unknown, which Employee has had or has against the Released Parties. This includes, but is not limited 1o, all Claims asserted and any action for costs, interest, or attomey’s fees, which arise in whole or in part from Employee’s past employment with PCSD. This also includes, but is not limited to, any and all Claims, rights, demands, allegations and causes of action for alleged discrimination or retaliation in violation of the Fair Labor Standards Act, 29 U.S.C § 201 ef. seq., as amended, alleged wrongful discharge, alleged violation of 42 U.S.C. §§ 1983 or 1988, alleged violation of PCSD regulations, policies or procedures, alleged violation of the Utah or United States Constitutions, harassment or discrimination or retaliation on the basis of sex, race, color, citizenship, religion, age, national origin, or disability, or other protected KM Kathryn Moore’s Initials General Settlement Agreement and Release “juni, 2003 Date Page 1 ofSclassification under the federal, state, municipal or local laws, including without limitations Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000c et seg. and Title IX of the Education Amendments of 1972, 20 U.S.C. ch. 38 § 1681 ef seg., and including those arising under the ‘common law, and breach of Utah constitutional rights, arising from or related to the facts in these matters or Employee’s former employment with PCSD. RECITALS ‘The Parties desire to settle and compromise the Released Claims and any and all disputes between the Parties and to enter into this Agreement. COVENANTS 1. Employee does, upon receipt of the thirty thousand dollars ($30,00.00 Dollars) consideration paid by PCSD, release and discharge completely and in whole all Released Claims against Released Parties, Employee acknowledges that she understands she is precluded from any further relief on the Released Claims. The consideration shall be paid accordingly: a. One thousand five hundred dollars ($1,500) shall be made payable to Hollingsworth Law Office, LLC for attorneys’ fees, A check will be mailed via first class mail within fifteen (15) days of the execution of this Agreement to Hollingsworth Law Office, LLC’s mailing address: b. Twenty-eight thousand five hundred dollars ($28,500) shall be made payable to Employee and issued on a Form 1099. A check made payable to Employee will be mailed via first class mail within fifteen (15) days of the execution of this Agreement to Employee's mailing address: 900 Bitner Rd., D34 Park City, Utah 84098. 2. Inaddition, Employee agrees to not reapply for employment with PCSD. 3. For the consideration set forth above, Employee agrees to dismiss on the merits and with prejudice any and all claims she has asserted or may assert against the Released Parties and to execute of cause her attomey to execute all necessary documents to obtain dismissal of the matter entitled Kathryn Moore v. Park City School District, Case No. 2:22-cv-00107, each party bearing its own costs. 4, Employee shall not pursue, or authorize anyone on her behalf to pursue, the Released Claims in any way. Further, Employee represents that she has no other pending claims before any governmental agency, state, or federal court, or any other claims, complaints, charges, or lawsuits of any kind against the Released Parties. Employee agrees she will not make any filings with any court or governmental agency at any time hereafter for any matter, claim or incident, known or unknown, relating to her employment with PCSD or the State of Utah which occurred or arose out of occurrences on or prior to the date of this Release. General Settlement Agreement and Release Page 2 of S5. _ Itis understood and agreed that the above-cited release of Claims is illustrative only; itis the intent of the Employee to completely and irrevocably release and settle all Claims of any kind or nature arising out of Employee's past employment with PCSD and the State of Utah. 6. _ Inproviding consideration to Employee neither PCSD nor any of the Released Parties are in any way admitting liability for any of the Released Claims, and any such liability is hereby expressly denied. While liability is specifically denied, Employee understands and acknowledges that this is a release of all Claims, the payment of consideration referred to herein is tendered in compromise of a disputed claim and to avoid the expense of further litigation. 7. Any prior negotiations or correspondence relating to the Claims shall be deemed to have merged into this Agreement. To the extent any prior negotiations or correspondence are inconsistent with this Agreement, they shall be deemed to be of no force or effect. 8. Employee agrees not to disclose or induce others on her behalf to disclose to any third party the fact of this Agreement, any of the terms and conditions of this Agreement, or any of the discussions and negotiations that led to this Agreement other than to Employee's immediate family members, attorneys, and tax advisors with a legitimate need to know who also agree to be bound by the same confidentiality obligations, or as may be required by state and federal taxing authorities. 9. PCSD agrees to provide a neutral reference to future potential employers. Employee agrees to direct any future employment verification inquiries to the Human Resources Department where only Employee's dates of employment and salary will be disclosed. PCSD also agrees to remove the April 2, 2021, letter from her personnel file, 10. The provisions of this Agreement are severable and, if any part of itis found to be unenforceable, the other parts and/or paragraphs shall remain fully valid and enforceable. Should any provision(s) of this Agreement be determined by any court or administrative body to be invalid, the validity of the remaining provisions is not affected thereby, and the invalidated part shall be deemed not a part of this Agreement. Any court or administrative body shall construe and interpret this Agreement as enforceable to the full extent available under applicable law. 11. Employee agrees that PCSD is not liable for the payment of any tax assessed against Employee in connection with this Release Payment. Rather, Employee agrees that any such tax shall be her sole responsibility. Nothing contained herein shall be construed or relied upon as any advice ot opinion by or on behalf of PCSD regarding the tax treatment of the Release Payment, and Employee expressly acknowledges that she will solely rely on her own accountants, attorneys, or advisors for such advice or opinion. 12. Employee acknowledges that she signs this Agreement knowingly, freely, and voluntarily and has not been threatened, coerced, or intimidated into executing this Agreement. Employee further acknowledges that she has had ample and reasonable time to consider this ‘Agreement and the effects and import of it and has been advised to seek counsel and advice on Kathryn Moore’s initials General Settlement Agreement and Release Juni, 2023_ Date Page 3 of 5(legal or otherwise) in executing this Agreement. Employee has read and fully considered this, Agreement and understands and desires to enter into it. 13. Employee acknowledges that she has been advised to consult with legal counsel as follows. In waiving and releasing any and all claims against the Released Parties, whether or not now known, Employee understands that this means that if Employee later discovers facts different from or in addition to those facts currently known by Employee, or believed by Employee to be true, the waivers and releases of this Agreement will remain effective in all respects — despite such different or additional facts or Employee's later discovery of such facts, even if Employee would not have agreed to this Agreement if Employee had prior knowledge of such facts. Employee, being aware of the foregoing, agrees to expressly waive any rights she may have thereunder, as well as under any other statute or common law principles of similar effect. 14. This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original of this Agreement and all of which, when taken together, shall be deemed to constitute one and the same agreement. Any party to this Agreement may deliver an executed copy hereof by facsimile or electronic transmission in a portable document format (PDF) to another patty hereto and any such delivery shall have the same force and effect as any other delivery of a manually signed copy of this Agreement. 15. This Agreement shall be construed and interpreted in accordance with the laws of the State of Utah and the United States law without reference to choice of law rules. If a portion of this Agreement is set aside or otherwise held invalid by a court having legal jurisdiction over this matter, such ruling shall not affect the other terms of the Agreement and they shall remain valid. 16. As the exclusive means of resolving any dispute arising out of this agreement, a party may file a lawsuit in a court whose territorial jurisdiction includes Summit County, Utah. Each party hereby consents to the personal jurisdiction of each of these courts. 17. Failure of either Party to timely observe or perform any of their respective covenants, agreements, or obligations hereunder shall constitute a default and a breach of this it. The non-breaching Party shall have all the rights and remedies available under the laws of the State of Utah to institute legal action to remedy the breach. The rights and remedies of the Parties in any such action shall not be mutually exclusive but shall be cumulative in all effects and shall not include any right to attomey fees. 18. This agreement will become effective on the day Employee has signed it, as indicated by the date opposite Employee's signature below. The date of this agreement will be the date on which the last party to have signed this agreement has done so, as indicated by the date opposite each party’s signature, ‘0 Kathryn Moore’s Initials General Settement Agreement and Release Juni, 2023 Date Page 4 0f5IN WITNESS WHEREOF, the Employee has executed this Release on this 1St_day of June » 2023. Kathie Metre Jun 1, 2023 Kathryn Moore DATE, pA Prhlec vd Q 2012 ildea TE Superintendent Park City School District KM Kathryn Moore's Initials General Settlement Agreement and Release uni 2003 Date Page 5 of 5