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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 />