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City from any and all claims that may be brought by or on behalf of Mr. Anderson, his descendants,
<br />ancestors, dependents, heirs, executors, administrators, assigns and successors, or each or any of them,
<br />that arise from his employment at the City or separation therefrom or arising on or before the date of
<br />this Agreement.
<br />4. Mr. Anderson represents and warrants that any and all liens, that have been asserted,
<br />can be asserted, or will be asserted, have been compromised or will be compromised by Mr.
<br />Anderson. Mr. Anderson agrees to indemnify and hold harmless Releasees, and each of them, against
<br />any claim, demand, or suit made or instituted against Releasees because of any such lien, and to pay
<br />and satisfy any settlement of or judgment resulting from any such claim, demand, or suit, as well as
<br />all reasonable expenses of investigation, attorneys' fees, and costs incurred by Releasees, or any of
<br />them, in connection with any such claim, demand, or suit.
<br />5. Mr. Anderson and the City acknowledge that settlement of these claims is important
<br />for Mr. Anderson to move forward with his life, for the City to direct its efforts and resources to
<br />serving is residents, and for both Mr. Anderson and the City to conserve the cost that could be
<br />incurred as the result of protracted litigation. Mr. Anderson and the City acknowledge that their
<br />respective decisions to enter into this Agreement do not constitute an admission by any party that he
<br />or it has acted wrongfully with respect to any other party or any other person or entity or that any
<br />party has any rights whatsoever against any other party. Mr. Anderson and the City further
<br />acknowledge that the settlement is not to be construed as an admission of liability by the other,
<br />which is denied.
<br />6. After receiving the Total Settlement Amount, Mr. Anderson agrees to dismiss with
<br />prejudice the case, Jason Anderson v. City of Everett, Case No. 2:21-cv-00042-RAJ-MLP, pending
<br />in federal district court in the Western District of Washington.
<br />7. Mr. Anderson will hold harmless and indemnify the City if there is any liability,
<br />penalties, or fees associated with Mr. Anderson' s nonpayment of any taxes owed on any sums paid
<br />to Mr. Anderson in accordance of this Agreement, except for the employer portion of payroll taxes.
<br />8. This Agreement constitutes the entire agreement between the parties, and both parties
<br />acknowledge that there are no other agreements, written, oral, or otherwise.
<br />9. This Agreement shall be governed by and construed in accordance with the laws of
<br />the State of Washington. In the event any suit or other proceeding is instituted to enforce any term of
<br />this Agreement, the parties specifically understand and mutually agree that venue shall be exclusively
<br />in Snohomish County, Washington. The prevailing party in any such action shall be entitled to its
<br />reasonable attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case, and
<br />such fees shall be included in the judgment.
<br />10. Mr. Anderson acknowledges that he has carefully read this Agreement and knows the
<br />contents thereof, including the fact that this Agreement is a release of all claims, that no promise or
<br />agreement not expressed in this Agreement has been made, that this Agreement is made without
<br />reliance upon any statement or representation of the City or its attorneys, representatives, or agents,
<br />that he has the opportunity to consult his own attorney, and that he has signed the same as his own
<br />free act.
<br />IN WITNESS WHEREOF, this Agreement has been executed by the party hereto as of the dates as
<br />set forth below.
<br />SETTLEMENT AND RELEASE AGREEMENT
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