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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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14. Acknowledgment of Understanding. The Parties acknowledge that they have <br />retained counsel of their choice in connection with the negotiation of, drafting of and execution <br />of this Agreement. The Parties further warrant that each Party has read the Agreement and <br />understands its terms, and that each executes it knowingly, voluntarily, and without coercion, <br />after having had the opportunity to consult with counsel. Each Party acknowledges that in <br />executing this Agreement such Party has relied upon its own judgment, belief and knowledge <br />and on such advice as such Party may have received from its own counsel. The Parties further <br />acknowledge that they have not been influenced by any representation or statement made by the <br />other party or by either counsel. No provision in this Agreement is to be interpreted for or <br />against any of the Parties because that Party or his counsel drafted such provision. <br />15. Consideration Period. You have twenty-one (21) days from the date this <br />Agreement is given to you to consider this Agreement before signing it. You may use as much <br />or as little of this 21-day period as you wish before signing. If you do not sign, date and return <br />this Agreement within this 21-day period, you will not be eligible to receive the benefits <br />described in this agreement. You agree that any changes the City may agree to make to this <br />Agreement after first offering it to you for your consideration will not restart the running of this <br />21-day period. <br />16. Revocation Period and Effective Date. You have seven (7) days after the day <br />you sign this Agreement to revoke it. To revoke this Agreement after signing it you must <br />provide a written notice of revocation to the City's counsel, Marne J. Horstman, of Pratt, Day & <br />Stratton, PLLC, before the seven-day period expires. This Agreement and the commencement of <br />the payment are as set forth in Section 2 of this Agreement and accounts for this seven-day <br />revocation period. If you revoke this Agreement, it will not become effective or enforceable, and <br />you will not receive the benefits described in this Agreement. <br />17. Severability. If any part or aspect of this Agreement is held to be unenforceable, <br />it shall not affect any other part or aspect. If any part or aspect of this Agreement is held to be <br />unenforceable as written, it shall be enforced to the maximum extent allowed by applicable law. <br />18. Governing Law; Venue. This Agreement is governed by the laws of the state of <br />Washington that apply to contracts executed and to be performed entirely within the state of <br />Washington. Venue and jurisdiction of any lawsuit involving this agreement shall exist <br />exclusively in state and federal courts in Snohomish County, Washington. <br />19. Headings Not Controlling. The headings in this Agreement are for convenience <br />only and shall not affect the meaning of the terms as set out in the text. <br />20. Waiver. No waiver of any provision of this Agreement shall be valid unless in <br />writing, signed by the party against whom the waiver is sought to be enforced. The waiver of <br />any breach of this Agreement or failure to enforce any provision of this Agreement shall not <br />waive any later breach. <br />21. Binding Effect. This Agreement is binding upon and shall benefit the parties and <br />their personal representatives, heirs, successors, and assigns. <br />Page 7 of 9 <br />
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