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Mr. Weaver's malignant melanoma was not related to any exposures which occurred while Mr. <br />Weaver was working for the City of Everett, and <br />Whereas, as a result of further discussions between Weaver and the City, and in the spirit <br />of compromise, the parties now seek to resolve all disputes of any kind, past, present or future, <br />by the settlement agreement which follows. <br />AGREEMENT <br />1. Settlement Request. On December 19, 2019, you requested that the City <br />consider settling your appeal from the Department's rejection of Claim No. SH-28667, BIIA <br />Docket No. 15-19203, presently pending in Snohomish County Superior Court under Superior <br />Court Cause No. 16-2-02373-6 following the Supreme Court's Mandate on November 14, 2019. <br />Other than this referenced claim and appeal, you warrant by this agreement that no claims or <br />charges have been filed with any state or federal agency or court pertaining to the claim or your <br />employment with the City. You also warrant by this agreement that you have no conditions for <br />which a workers' compensation claim for an industrial injury or occupational disease could be <br />filed that have not already been filed and passed upon by the Washington State Department of <br />Labor & Industries. <br />2. Payment. In exchange for your agreement to release all claims and other terms in <br />this Agreement, including the Stipulated Judgment, Findings of Fact, Conclusions of Law and <br />Order, attached as Exhibit A, we will make a settlement payment to you in the amount of <br />$1,200,000.00 (One million two hundred thousand U.S. Dollars and No U.S. Cents). In <br />exchange for your agreement to not seek future employment with the City, we will make a <br />settlement payment to you in the amount of $250.00 (Two hundred fifty U.S. Dollars and No <br />U.S. Cents) less standard withholding and without award of attorneys' fees or costs. The <br />$1,200,000.00 Settlement Payment will be made in two parts. The first payment of $600,000.00 <br />(Six hundred thousand U.S. Dollars and No U.S. Cents) will be made within thirty-five (35) <br />calendar days of (a) Everett City Council approval of this Agreement, or (b) within thirty-five <br />(35) calendar days of the 8th day after execution of the Agreement, or (c) within thirty-five (35) <br />calendar days the Snohomish County Superior Court entry of the Stipulated Judgment, Findings <br />of Fact, Conclusions of Law, and Order in Superior Court Cause No. 16-2-02373-6, whichever is <br />later made payable to the "Keane Law Offices Trust Account f/b/o Michael W. Weaver." <br />The second payment of $600,000.00 (Six hundred thousand U.S. Dollars and No U.S. <br />Cents will be made no later than 180 (one hundred eighty) days after the first payment is made <br />and made payable to the "Keane Law Offices Trust Account f/b/o Michael W. Weaver." You <br />acknowledge that we are not obligated to make these payments to you, your survivors, or your <br />estate unless you agree to the terms in this Agreement, or if you revoke this Agreement per the <br />terms below. <br />3. Settlement Compromise. The Parties hereto have been engaged in the claim and <br />litigation process for over seven years. Nothing about the past contests between the parties, nor <br />this Agreement, should be interpreted to mean that either party has admitted, or conceded, that <br />the factual, medical, and/or legal position of the other party is correct, or has been adjudicated in <br />favor of the other party. In fact, both parties hereto continue to maintain that their factual, <br />Page 2 of 9 <br />