As part of their settlement, former head football coach Greg McMackin and the University of Hawaii "agree not to make disparaging or negative remarks about the other" or "initiate any frivolous investigations or actions against the other party."

The "non-disparagement" clause is part of a seven-page "mutual settlement and release agreement" effective Dec. 5 and obtained by the Star-Advertiser under the state’s open records law.

Current, past and future UH administrators as well as regents and officers are bound by the "non-disparagement" clause, the document said.

Under the settlement, UH agrees to pay McMackin $600,000 on Jan. 5, 2012, terminating an original five-year deal paying $1.1 million per year that had been contracted to run to Jan. 15, 2013. The agreement purports that "…after concerted discussions, the parties now voluntarily and mutually agree to terminate the employment agreement…"

Under terms of the settlement, McMackin releases UH from all "past, present and future claims" including the Age Discrimination in Employment Act unless rescinded by Dec. 26, 2011.

McMackin, who was UH’s oldest active head coach, is 66.

The agreement says "McMackin’s only obligations shall be to remain accessible and provide (the) university his fullest cooperation with respect to any issues that may arise from, relate to or involve matters occurring during McMackin’s employment as head coach …"

Meanwhile, UH announced it had received 42 applications for the head coaching vacancy as of Wednesday afternoon, up from the 30 announced on Monday. A UH spokesman said, "the recruitment period is continuous and the six-member search advisory committee has begun reviewing applications."