EXHIBIT 10.1
RESIGNATION AGREEMENT AND GENERAL RELEASE
THIS RESIGNATION AGREEMENT AND
GENERAL RELEASE is made and entered into this 7 th day of July, by
and between Roger D. Stewart (hereinafter referred to as
“Employee”), and Community First, Inc. (hereinafter
referred to as “Community First”).
W
I T N E S S E T H:
WHEREAS, on July 7,
2008, Employee was informed by representatives of Community First
that he would be given the opportunity to resign, effective
immediately, and Employee expressed his willingness to resign upon
the terms and conditions set forth herein; and
WHEREAS, Community First is
willing to accept Employee’s resignation upon the terms and
conditions set forth herein;
NOW, THEREFORE, in
consideration of the premises and mutual promises herein contained,
it is agreed as follows:
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The recitals set forth above are
true and accurate.
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This Resignation Agreement and
General Release (“Agreement”) shall not be construed as
an admission by the Employee of any fact or conclusion of law.
Without limiting the general nature of the previous sentence, this
Agreement shall not be construed as an admission that the Employee
violated any law or regulation relating to his employment, his
profession, or the duties thereof.
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Likewise, this Agreement shall not
be construed as an admission by Community First of any fact or
conclusion of law. Without limiting the general nature of the
previous sentence, this Agreement shall not be construed as an
admission that Community First, or any of its officers, directors,
managers, agents, or employees have violated any law or regulation
limiting Community First’s right to terminate an employee at
will or have violated any contract, express or implied.
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Employee represents and warrants
that Employee has no knowledge of any practices engaged in by
Community First that is or was a violation of any applicable state
law or regulations or of any federal law or regulations. To the
extent that Employee has knowledge of any such practices, Employee
represents and warrants that Employee already notified Community
First in writing of such alleged practices. The Employee
understands that this representation is material to the willingness
of Community First to enter into this Agreement.
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Employee represents and warrants
that Employee has not filed any complaint(s) or charge(s) against
Community First with the Equal Employment Opportunity Commission or
the state commission empowered to investigate claims of employment
discrimination, the Office of Federal Contract Compliance Programs,
or with any other local, state or federal agency or court, and that
if any such agency or court assumes jurisdiction of any
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complaint(s) or charge(s) against Community First on behalf of
Employee, Employee will request such agency or court to withdraw
from the matter, and Employee will refuse any benefits derived
therefrom. This Agreement will not affect Employee’s right to
hereafter file a charge with or otherwise participate in an
investigation or proceeding conducted by the Equal Employment
Opportunity Commission regarding matters which arose after this
date and which are not the subject of this Agreement.
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Employee represents and agrees
that Employee is fully aware of his rights and is advised to
discuss any and all aspects of this Agreement with his attorney,
that Employee has carefully read and fully understands all of the
provisions of this Agreement, and that, in consideration of the
provisions hereof, Employee agrees to enter into this Agreement.
Employee
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