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12. This Agreement shall be governed by and construed in accordance with the laws of <br /> the State of Washington. In the event any suit or other proceeding is instituted to enforce any term <br /> of this Agreement,the parties specifically understand and mutually agree that venue shall be <br /> exclusively in Snohomish County, Washington. The prevailing party in any such action shall be <br /> entitled to its reasonable attorneys' fees and costs of suit,which shall be fixed by the judge hearing <br /> the case,and such fees shall be included in the judgment. <br /> 13. Mr. Phillips acknowledges that he has carefully read this Agreement and knows the <br /> contents thereof,including the fact that this Agreement is a release of all claims,that no promise or <br /> agreement not expressed in this Agreement has been made,that this Agreement is made without <br /> reliance upon any statement or representation of the City or its attorneys,representatives,or agents, <br /> that he has the opportunity to consult his own attorney,and that he has signed the same as his <br /> ownfree act. <br /> IN WITNESS WHEREOF,this Agreement has been executed by the party hereto as of the dates as <br /> set forth below. <br /> I have read and fully understand the contents of the foregoing Agreement,and I accept and <br /> agree to the provisions it contains and hereby execute it voluntarily,free of any duress,and with full <br /> understanding of its consequences. <br /> DA I ED: Mays,2021. <br /> e <br /> r <br /> Jimmy . P illips <br /> DATED: May//,2021. <br /> Office of the City Attorney <br /> APPROVED AS TO FORM <br /> David C.Hail,City Attorney Lassie Franklin, ayor, <br /> City of Everett, after approval by a majority of the <br /> City Council in an open public meeting. <br /> A ST: <br /> City Clerk <br /> SETTLEMENT AND RELEASE AGREEMENT <br /> Page 3 of 3 <br /> 4368-030555744406x <br />