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2021/10/13 Council Agenda Packet
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2021/10/13 Council Agenda Packet
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Council Agenda Packet
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10/13/2021
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f. You do not need the City's prior authorization to engage in conduct <br />protected by the prior two paragraphs, and you do not need to notify the City that you have <br />engaged in such conduct. <br />g. Nothing in this Agreement prevents you from taking any action to <br />challenge the knowing and voluntary nature of this Agreement under the Older Workers Benefit <br />Protection Act (OWBPA). For example, this Agreement does not prevent you from filing or <br />pursuing a charge of discrimination, lawsuit, or arbitration to the extent it is brought under the <br />federal Age Discrimination in Employment Act of 1967 (ADEA) and challenges the knowing <br />and voluntary nature of this Agreement under the OWBPA. Further, nothing in this Agreement <br />shall cause you to be liable for damages, attorneys' fees, costs, or disbursements in connection <br />with any such charge of discrimination, lawsuit, or arbitration to the extent it is so brought. <br />However, if this Agreement is found to be knowing and voluntary under the OWBPA, your <br />release and waiver of claims under the ADEA, as provided in this Agreement, shall be fully <br />effective. <br />8. No Admission of Liability. Neither this agreement nor the payments made under <br />this agreement is an admission of liability or wrongdoing. <br />9. Workers Compensation Claims. You acknowledge and agree that you have <br />already filed workers' compensation claim(s) for any and all on-the-job injuries you suffered <br />while employed by the City, and that you have not suffered any on-the-job injuries for which you <br />have not already filed a workers' compensation claim. You also represent and warrant that you <br />have filed no workers' compensation claims other than the claim that is the subject of this <br />agreement, and that no set of facts exist that would support any other workers' compensation <br />claim. <br />10. Successors and Assigns. This Agreement will bind and inure to the benefit of the <br />Parties, and their respective legal representatives, successors, and assigns. <br />11. Entire Agreement. This Agreement sets forth the entire agreement between the <br />Parties and supersedes any and all prior oral or written agreements or understandings between <br />the Parties concerning the subject matter of this Agreement. This Agreement may not be altered, <br />amended or modified, except by a further written document signed by the Parties. <br />12. Execution in Counterparts. This Settlement Agreement may be executed in <br />any number of counterparts, each of which shall be deemed an original, and all of which <br />together shall constitute one and the same Settlement Agreement. This Agreement and the <br />commencement of the payment schedule are as set forth in Section 2 of this Agreement. <br />13. Independent Legal Counsel. In connection with this Agreement, the law firm of <br />Pratt, Day & Stratton, PLLC, has not represented you, but has only represented the City. You <br />are advised and encouraged to consult with an attorney before signing this Agreement. You <br />acknowledge that you have had an adequate opportunity to do so and have done so. <br />Page 6 of 9 <br />
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