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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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