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Michael and Amy Weaver 10/15/2021
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Michael and Amy Weaver 10/15/2021
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Last modified
10/29/2021 10:51:46 AM
Creation date
10/29/2021 10:51:19 AM
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Contracts
Contractor's Name
Michael and Amy Weaver
Approval Date
10/15/2021
Council Approval Date
10/13/2021
Department
Legal
Department Project Manager
David Hall/Kandy Bartlett
Subject / Project Title
Settlement Worker's Comp Claim SH28667
Tracking Number
0003078
Total Compensation
$12,000,250.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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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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