Brett Gailey 4/30/2020 - Laserfiche WebLink

g. "Employee"means Brett Gailey and his representatives,heirs, successors, and assigns. h. "Employee's Counsel of Record"means Matthew Z. Crotty, Crotty& Son Law Firm, PLLC, 905 W. Riverside, Suite 409, Spokane, WA 99201; and Thomas G. Jarrard,The Law Office of Thomas G. Jarrard, PLLC, 1020 N. Washington, Spokane,WA 99201; or their designee. i. "Employer"means: (1) the City of Everett; (2)all of the Employer Entities' respective divisions and departments, including the Everett Police Department; and(3) any other person and/or entity through which Employer has acted with respect to Employee. j. "Employer's Counsel of Record"means James Sanders at Perkins Coie, LLP, 1201 Third Avenue, Suite 4900, Seattle, WA 98101-3099, or his designee. k. "Lawsuit"means Brett Gailey v The City of Everett, United States District Court,Western District of Washington; Case No. 2:19-cv-00859-TSZ. 3. DISMISSAL OF LAWSUIT The Lawsuit will be dismissed with prejudice and without costs or fees awarded to either Party. Employee's Counsel of Record shall prepare and the parties shall sign a Stipulation for Dismissal of Action requesting that the Court dismiss the Lawsuit with prejudice and without costs or fees to either Party. Employee will present the Stipulation for Dismissal of Action to the Court within five (5) business days after the Effective Date. Dismissal of the Lawsuit with prejudice and without costs or fees to either Party is a condition for the payments described in Section 5 of this Agreement; if dismissal of the Lawsuit with prejudice and without costs or fees to either Party does not occur for any reason, this Agreement shall be null and void, any payment obligations by Employer shall be terminated,and Employee shall immediately return to Employer any amounts tendered by Employer to Employee pursuant to this Agreement. 4. NO OTHER PENDING PROCEEDINGS Other than the Actions, Employee represents and warrants that Employee has filed no claims and knows of no other claims filed in any court,arbitration, or any other forum (including, but not limited to, the EEOC, the Department of Labor, the Department of Justice, the Washington State Human Rights Commission, or any other local, state, or federal agency or court),pertaining to Employee's employment with Employer. Employee agrees that, except where prohibited or as described in Section 18 of this Agreement, (1) Employee will not file any such complaint or charge concerning events preceding the Effective Date; and(2)in the event any such claims do exist,Employee agrees to withdraw and dismiss them with prejudice within two business days after the Effective Date of this Agreement. 5. CONSIDERATION BY EMPLOYER In consideration for the promises in this Agreement, Employer will provide the following payments and benefits: Page 3 of 8 Employee Initials