James Nagle 11/2/2018 - Laserfiche WebLink

requestor of information: Mr. Nagle's dates of employment with the City,the fact that he retired voluntarily from the position of assistant chief, and his salary upon retirement. 13. Mr. Nagle and the City acknowledge that Paragraphs 11 and 12 above shall not apply when either party is giving testimony under oath in any legal or other proceeding where a person is required to answer truthfully to questions asked. Mr.Nagle also acknowledges and agrees that this Agreement and related records created in response to his allegations, claim and the investigation are public records subject to disclosure. 14. This Agreement constitutes the entire agreement between the parties, and all parties acknowledge that there are no other agreements,written, oral, or otherwise. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit or other proceeding is instituted to enforce any term of this Agreement,the parties specifically understand and mutually agree that venue shall be in Snohomish County, Washington. The prevailing party in any such action shall be entitled to its reasonable attorneys' fees and costs of suit,which shall be fixed by the judge hearing the case, and such fees shall be included in the judgment. 16. Mr.Nagle acknowledges that he has carefully read this Agreement and knows the contents thereof,including the fact that this Agreement is a release of all claims,that no promise or agreement not expressed in this Agreement has been made,that this Agreement is made without reliance upon any statement or representation of the City or its attorneys,representatives,or agents, that he has the opportunity to consult his own attorney, and that he has signed the same as his own free act. 17. Mr.Nagle acknowledges that: a. Pursuant to applicable law, Mr. Nagle has been offered the opportunity to review a copy of this Agreement for a period of twenty-one (21) days (the "Review Period"), and the parties have agreed that any changes to this Settlement Agreement during the Review Period,whether material or immaterial, shall not restart the running of the 21- day Review Period; and b. The City advised Mr. Nagle at the beginning of the Review Period to consult with an attorney concerning the terms and conditions of this Agreement, including without limitation the release set forth in this Agreement; and c. Mr. Nagle shall have seven(7) calendar days (the "Revocation Period") following the date on which he signs this Agreement to revoke his acceptance of the Agreement and the release set forth in this Agreement, and this Agreement shall not become effective until the Revocation Period has expired. IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto as of the dates as set forth below. 4