This CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE (hereinafter “Agreemer is made and entered into by and between Anto Traca (here aca”) on behalf of himself and his heirs, estate, representatives, successors, assigns, and agents thereof: and Bethlehem Area School District and Dr. Joseph J. Roy (hereinafter “Defendants”) on behalf of itself/him and its past or present affiliates, corporate parents, subsidiaries, divisions, predecessors, successors, and assigns, and the employees, officers, directors, shareholders, attorneys, members, servants, agents, insurers, and other individuals that are in any way related to the above entity ‘THE PARTIES ENTER INTO THIS AGREEMENT AND AGRE S FOLLOWS: RECITALS WHEREAS, Antonio Traca is an Assistant Principal employed by the Bethlehem Area School District; WHEREAS, on October 14, 2022, an incident occurred at a high school football game that gave rise to a lawsuit filed in the U.S. Eastern District Court of Pennsylvania at 23-01363; WHEREAS, the original complaint was dismissed by order of Court dated August 15, 2023 WHEREAS, on August 29, 2023, Traca filed an Amended Complaint against Defendants \with the United States District Court, Eastern District of Pennsylvania, on the basis of Violations of 23 US.C.§1983, Monell Liability, Assault, Battery, Libel and Slander, Intentional Infliction of Emotional Distress, and Negligent Infliction of Emotional Distress. WHEREAS, Defendants deny any and all allegations of wrongdoing asserted against them; WHEREAS, to avoid the expense, disruption, and uncertainty of litigation, the Parties \wish to compromise and fully and finally resolve all claims of whatever kind and character which could have been, were, or are raised in the Charge, with prejudice; and WHEREAS, Traca represents that other than the instant Complaint, he has not filed any other charges, claims, complaints, or lawsuits against Defendants: ormie217 Page 1 of 7NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties, intending to be legally bound, hereby acknowledge and agree as follows: AGREEMENT DATE OF EXECUTION, This Agreement shall become effective and binding upon all Parties on the date of its execution (hereinafter “Date of Execution”). To the extent possible, the transfer of property, funds, and/or documents provided for herein shall take place at the at the time of execution of this Agreement, unless otherwise set forth in this Agreement. If the Parties do not execute this Agreement on the same date, the date in which the last party executes this Agreement shall be the date of execution of this Agreement. 2. SETTLEMENT PAYMENT. In consideration for the promises and other good and valuable consideration contained herein, Defendants agree to pay Traca a total settlement five thousand dollars and zero cents ($35,000.00) (hereinafter “Settlement s and allegations made by 's under any applicable statute. of thirty: Payment”), as full and final settlement of any and all cla Defendants, including claims for costs and attorneys’ f a, The Settlement Payment shall be paid as follows: i, Acheck made payable to “Antonio Traca” in the amount of twenty-seven thousand dollars and zero cents ($27,000.00). An IRS W-1099 shall be issued to Traca for this amount, ii, A check made payable to Hahalis & Kounou thousand dollars and zero cents ($8,000.00). P.C. in the amount of eight b. The Settlement Payment shall be paid within forty-five (45) days after the date of ‘ion of this Agreement, but it will not be issued until after: i. Counsel for Defendants receives a completed 1. IRS Form W-9s executed by Antonio Traca and Hahalis & Kounoupis, PC ii, ‘Traca voluntarily dismisses the Charge. c. The Settlement Payment shall be intended as settlement of and compensation for Traca’s claims of harassment and discrimination and any other loss or claim arising from his relationship with the Defendants. (or218217) Page 2 of 73. ACKNOWLEDGEMENT OF COMPLETE AND ADEQUATE CONSIDERATION. ‘Traca agrees to accept the Settlement Payment in Paragraph 2 of this Agreement as consideration and adequate and as full, final, and complete settlement of all possible claims he may have against Defendants. Traca expressly understands, agrees, and covenants that Defendants shall not be required to make any further payment, for any reason whatsoever, Traca further acknowledges and agrees that he is not entitled to and ‘will not claim any other benefit or compensation from Defendants, including but not tion, personal leave pay, bonuses, limited to, expense reimbursement, salary, unpaid va severances, and employee benefits. 4, DISMISSAL OF LAWSUIT AND WARRANTY OF NO OT! seven (7) days from the Date of Execution, Traca agrees to voluntarily dismiss the Complaint filed with the United States District Court, Eastern District of Pennsylvania; ‘Traca shall contact the United States District Court, Eastern District of Pennsylvania to ensure that the United States District Court, Eastern District of Pennsylvania dismiss the Complaint. Traca further agrees to voluntarily dismiss or withdraw any other claims filed by him or on his behalf against any of the Defendants. Traca warrants that he does not know of any other potential or pending charge, claim, lawsuit, or administrative proceeding other than the ones mentioned in this Agreement. 5, GENERAL RELEASE OF CLAIMS. a. Traca hereby releases and forever discharges Defendants (as defined in this Agreement) and their past, present, or future affiliates, corporate parents, subsidiaries, divisions, predecessors, successors, and assigns, and the employees, officers, directors, shareholders, attorneys, members, servants, agents, insurers, and other individuals that are in any way related to the above entity, from any and all ms and causes of action, in tort or contract, in law or equity, direct or derivative. brought under any statute, known or unknown, that may have been made as of the date of execution this Agreement arising from or in any way connected to the claims made in the United States District Court, Eastern District of Pennsylvania docket number 23-1363. b. This release further covers all statutory, common law, federal, constitutional, and other claims including, but not limited to all claims for negligence or civil rights violations or other state or federal laws and any claims for physical injuries, ‘emotional distress, and damages, atlorney’s fees and costs, and any other form of compensation as well as punitive damages. c, Traca hereby acknowledges and agrees that this release set forth herein is a General Release. Traca further expressly waives and assumes the risk of any and all claims (ow21e217) Page 3 of 7for damages which exist as of this date that Traca does not know of or suspect to exist whether through ignorance, oversight, error, negligence, or otherwise, even if it would have materially affected Traca’s decision to enter into this Agreement ._ Inthe event that Traca pursues any claim that was re! cased pursuant to Paragraph 5 of this Agreement, in addition to any other remedies and recourse available to Defendant, this Agreement will serve as a complete defense to and a basis to dismiss any such proceedings. 6. INDEMNIFICATION AND CONTRIBUTION. Traca agrees to indemnity, defend, and hold harmless Defendants from any claims for contribution or indemnification or for attorneys’ fees from any party to the lawsuit. Traca further expressly agrees that Defendants shall not be required to pay any further sums to them or to any other person or entity for any reason, including but not limited to, liabilities and consequences that are ultimately assessed, in any fashion, which they do not presently anticipate. 7. NOADMISSION OF LIABILITY. This Agreement and anything included herein shall not be construed or be considered an admission by Defendants of guilt, non-compliance with, or violation of any federal, state, or local statute or law, constitution, regulation, ordinance, publie policy, tort law, contract law, common law, or of any wrongdoing, unlawful conduct, liability, or breach of any duty whatsoever. This Agreement shall not jon by Defendants nor shall it be used as evidence in any be used as evidence of an admis proceeding, 8. CONFIDENTIALITY. This agreement is to be made confidential and any confidentiality broken by either party is subject to the filing of a lawsuit. Except by order of court of competent jurisdiction or otherwise required by law, Traca agrees that the terms of this Agreement are strictly confidential and shall forever remain confidential Neither Traca or his heirs, agents, executors, administrators, attomeys, legal representatives, or assigns shall directly or indirectly disclose or disseminate any information related to this Agreement to any third party, Any third party includes but is rot limited to representatives of the media and Defendants former employees. Traca may only disclose, to the extent necessary, the financial terms of this Agreement to his tax advisor, accounting professional, or attomey provided that such individuals are informed of, and agree to abide by, the duties prescribed in this Agreement, including the duty of confidentiality, 9. NON-DISPARAGEMEN’ ‘a. Traca agrees that he will not recklessly, negligently, or maliciously engage in any or asserts untruthful statements, conduct that disparages, denigrates, discredits (oxzss217) Page 4 of 7designed to cause financial or reputational harm to Defendants or any of their employees, owners, members, managers, attorneys, servants, agents, officers, directors, shareholders, or any other individuals that may in any way be related to the entities in this Agreement—whether through social media, print media, public speaking, private speech, or otherwise. b. Defendants agree not to denigrate or disparage Traca during communications with any future employers of ‘Traca. In the event that Defendants are contacted regarding ‘Traca, Defendants’ designees will only provide Traca’s dates of employment. ¢. Defendants acknowledge that Traca was in his rights to file this action and that any retaliation or harassment of him by persons under control of Defendants will not be tolerated. A statement to this effect in the form attached hereto will be made at the next scheduled Board meeting, 10. LIENS, Traca represents and warrants that no other person or entity has or has had any interest in the claims, demands, obligations, or cause of action referred to in this Agreement. To the extent that such a lien might exists, Traca agrees and acknowledges that he will satisfy such lien in full, including all medical liens, Medicare liens, Medicaid liens, domestic relations liens, child support liens, public welfare liens, or any lien asserted by a governmental entity; and if Traca fails to satisfy such liens, Traca agrees to indemnify and hold harmless Defendants and their insurance carriers from any claims or causes of action arising out of the existence of such lien, Further, if Traca fails to satisfy such lien in full, Traca agrees to indemnify and hold harmless Defendants and their insurance carriers from any and all costs of attorneys’ fees associated with the lien and/or collection of the same. 11, BREACH OF AGREEMENT, If either party defaults in the performance of any of the provisions of this Agreement, and if the party institutes and prevails in legal proceedings to enforce the performance of such provisions by the defaulting party, then the defaulting party shall pay to the other party the costs and expenses incurred (including reasonable attorneys" fees) in connection with such proceeding(s). The provisions of this paragraph shall be in addition to, and without prejudice to, any other rights and/or remedies to which the aggrieved party may be entitled, including but limited to enforcement of this Agreement by contract remedies. 12. NO WAIVER OF DEFAULE, This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of cither party to insist upon strict performance of any of the provisions shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as # waiver of any subsequent default of the forzne2171 Page $ of 7same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligation herein. 13, FINALAGREEMENT, ‘a. It is hereby acknowledged, covenanted, and agreed that this Agreement shall be final and conclusive between the Parties: and that no other promise or inducement has been offered to any party except as set forth herein, and that this Agreement is binding upon all Parties, and their respective heirs, executors, administrators, successors, directors, employees, agents, and assigns. b. This Agreement shall be amended or modified only by a written instrument signed by all Pai 14, ENTIRE UNDERSTANDING. This Agreement contains the entire understanding of the Parties, who hereby acknowledge that there have been and are no prior agreements, representations, warranties, covenants, or undertakings other than those expressly set forth herein. 15. INTEGRATION. This Agreement constitutes the entire understanding of the Parties and supersedes any and all prior agreements between them. There are no representations or warranties other than those expressly set forth herein. 16. DURESS. ‘a. The Parties acknowledge that: they have read this Agreement and have entered into this Agreement freely and voluntarily; they have ascertained and weighed all the facts and circumstances likely to influence their judgment herein; each has either sought or obtained legal advice independently of the other, or was advised of th right to seek independent counsel and has knowingly and voluntarily waived said right; (o the extent that either party has obtained legal advice, that party has been fully apprised of their respective legal rights, and that all of the provisions herein, as ‘well as all questions pertinent hereto, have been fully and satisfactorily explained to them; to the extent that either party has waived the right to counsel, that party does hereby waive any right to make any claim upon a lack thereof; they have given due consideration to such provision in question; and they clearly understand and assent to all of the provisions hereof. ach party to this Agreement further acknowledges and declares that he or she respectively: i. Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of all Parties; (oie) Page 6 of 7ii, Enters into this Agreement voluntarily: iii, Has given careful and mature thought to making this Agreement; and iv. Fully and completely understands each pro the subject matter and legal effect. jon of this Agreement, both as to 17, GOVERNING LAW, This Agreement shall be construed, interpreted, governed by, and enforced in accordance with the laws of the United States District Court for the Eastern District of Pennsylvania. 18. COPIES. The Parties agree that a photocopy of this Agreement shall be as valid and enforceable as the original, 19, SEVERABILITY, Should any provision of this Agreement be deemed invalid, illegal, or unenforceable by a court, administrat c¢ body, or tribunal of competent jurisdiction, then such entity shall have the power to modify or reduce the scope, duration, subject matter, or other aspect of that provision to make such provision enforceable to the fullest extent permitted by law and the balance of this Agreement shall not be affected by such invalidity, illegality, or unenforceability. 20. HEADINGS NOT PART OF AGREEMENT. Any heading preceding the text of the several paragraphs and/or subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction, or effect. IN WITNESS WHEREOF, and intending to be legally bound hereby, Antonio Traca hereto have hereunto subscribed his name as of the day, month, and year first above written. 4) ) Jy <<) pate: [2|+4 l2023 Z Lal Irieio DL acne ‘Antonio Traca, Plaintiff” (omer Page 7 of 7