TOLLING AGREEMENT 2022 - Laserfiche WebLink

WHEREAS, the Employer and the Union are committed to engaging in voluntary settlement discussions that the Parties anticipate will result in a mutually agreeable resolution for all parties involved, including the individual employees. For purposes of this Tolling Agreement, "individual employees" including current and former employees represented by the Union; WHEREAS, the Parties desire to toll any applicable statutes of limitations, grievance timelines, or similar defenses as of December 20, 2022, for the retention of any legal or equitable actions or defenses that the Parties may have had as that date, and to provide that no legal or equitable action may be initiated by or on behalf of the Parties against one another during the Term of this Agreement with regard to Union's claims or the individual claims of employees for allegedly unpaid overtime compensation; provided that nothing in this Agreement shall have the effect of reviving any claims that are otherwise barred by any statute of limitations, repose or similar rule of law or equity prior to December 20, 2022. NOW THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ·AGREEMENT 1.Term of Agreement. The Term of this Agreement shall be from December 20, 2022 until the termination of this Agreement by either Party pursuant to the terms of Paragraph 7, below. 2.Tolling of Statute of Limitations. The Parties agree that the running of any and all applicable statutes of limitations, repose, or other defenses or limitations on actions, including but not limited to, claims for negligence or indemnity, laches, waiver and estoppel that may apply to Union's claims or the claims of individual employees for Payroll Practices, shall be tolled as of December 20, 2022, and shall continue to be tolled for 30 days following the termination of this Agreement. The Term of this Agreement, or the time between execution and any termination thereof, shall not be included in computing any statute of limitations for claims relating to the subject matter set forth in this Agreement, nor will that time period be considered on a defense of laches or any other time-based doctrine or defense, rule, law or statute otherwise limiting any Party's right to preserve and prosecute any claim. Nothing in this Agreement shall have the effect of reviving any claims that are otherwise barred by any statute of limitations, repose or similar rule of law or equity prior to December 20, 2022. 2 DocuSign Envelope ID: 29998917-EC8E-48B0-A691-9286410E1F67