2021/10/13 Council Agenda Packet

22. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which, taken together, shall constitute a single Agreement. 23. Attorneys' Fees. In any dispute involving this Agreement, the party who substantially prevails shall be entitled to recover reasonable attorneys' fees, costs and disbursements from the other party, except as otherwise expressly provided above. 24. No Reliance. You acknowledge that you have had the opportunity to conduct an investigation into the facts and evidence relevant to your decision to sign this Agreement. You acknowledge that, in deciding to enter into this Agreement, you have not relied on any promise, representation, or other information not contained in this Agreement, and also have not relied on any expectation that the City has disclosed all material facts to you. By entering into this Agreement, you are assuming all risks that you may be mistaken as to the true facts, that you may have been led to an incorrect understanding of the true facts, and/or that facts material to your decision to sign this Agreement may have been withheld from you. You will have no claim to rescind this Agreement on the basis of any alleged mistake, misrepresentation, or failure to disclose any fact. None of what is stated in this paragraph, however, will affect your right to challenge the validity of this Agreement under the Older Workers Benefit Protection Act (OWBPA). 25. Final and Complete Agreement. This agreement is the final and complete expression of all Agreements between you and the City on all subjects and supersedes and replaces all prior discussions, representations, agreements, policies, and practices. This Agreement may not be amended orally. It may be amended only by a writing that specifically refers to this Agreement and is signed by all parties. Agreed by the City of Everett: Authorized Agent for the City of Everett Date / / / Page 8 of 9