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Brett Gailey 4/30/2020
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Brett Gailey 4/30/2020
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Last modified
5/11/2020 9:45:54 AM
Creation date
5/11/2020 9:45:45 AM
Metadata
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Contracts
Contractor's Name
Brett Gailey
Approval Date
4/30/2020
Council Approval Date
4/29/2020
Department
Legal
Department Project Manager
Chris Muth-Schulz
Subject / Project Title
Settlement Gailey
Tracking Number
0002304
Total Compensation
$548,000.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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disputes between Employee and Employer have been resolved and that Employee has agreed not <br /> to comment further. <br /> 10. GENERAL RELEASE OF ALL CLAIMS <br /> a. As a material inducement to Employer to enter into this Agreement, <br /> Employee, as a free and voluntary act,hereby forever releases and discharges Employer from, <br /> and covenants not to sue Employer for, any and all Claims (as defined in this Agreement). This <br /> release of Claims is general and complete in nature,and includes all Claims that have been or <br /> could have been asserted by Employee in the Actions or otherwise, and includes any claims by <br /> Employee for victim-specific relief that may be obtained by the EEOC or similar state agency. <br /> Employee intends that this release is binding and enforceable notwithstanding the possibility that <br /> he may hereafter discover facts which might have materially affected his decision to enter into <br /> this Agreement if such facts had been known as of the date of execution of this Agreement. <br /> Employee knowingly and intentionally hereby waives the benefit of any state or federal statute, <br /> law, order, or rule that would provide to the contrary. <br /> b. Employee represents and warrants that no other person or entity has or has <br /> had an interest in the Claims referred to in and released by this Agreement; that he has the sole <br /> right and exclusive authority to execute this Agreement and receive the monetary payment <br /> specified in it; and that he has not sold, assigned,transferred, conveyed, or otherwise disposed of <br /> any of the Claims referred to in this Agreement. <br /> 11. NO ADMISSION OF WRONGDOING <br /> This Agreement shall not be construed as an admission by Employee or Employer of any <br /> wrongful act,unlawful discrimination, or breach of contract, and Employee and Employer <br /> specifically disclaim any liability for improper or unlawful conduct. The Parties agree that this <br /> Agreement is a compromise and settlement of disputed claims and defenses and shall not be <br /> admissible in any proceeding as evidence of any improper or unlawful conduct by Employee or <br /> Employer. <br /> 12. NO RE-APPLICATION <br /> Employee shall retire effective May 1, 2020. Employee agrees that he shall never apply <br /> for, seek or accept direct or indirect employment or consulting or contracting employment with <br /> Employer at any time, whether directly or through a third Party such as a consulting agency, after <br /> his execution of this Agreement. If Employee breaches this provision, the application will be <br /> rejected by Employer without any resulting liability for Employer. In the event Employee is <br /> employed as an employee, consultant, independent contractor, or otherwise, in contravention of <br /> the terms of this Section 12, he shall be subject to summary dismissal or discharge without any <br /> resulting liability for Employer. Employee represents and warrants that he does not currently <br /> have any application for employment pending with Employer. <br /> 13. LATER DISCOVERY OF FACTS <br /> The Employee acknowledges that Employee may hereafter discover facts that are <br /> different from or in addition to those facts that Employee now knows or believes to be true with <br /> respect to the waiver and release in this Agreement. The Employee further agrees that every such <br /> Page 6 of 8 <br /> Employee Initials <br />
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