25J - AGMT - CM SEVERENCE - Laserfiche WebLink

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13. Notwithstanding the mutual releases contained in this Agreement, the City acknowledges and agrees that under the California Government Tort Claims Act, the City must provide a defense to and pay any resulting judgment, compromise or settlement based on a civil claim against both present and former employees where such claim arises out of an act or omission that occurred within the scope of employment. The City further acknowledges and agrees that the City may provide a similar defense in a criminal matter related to alleged acts within the scope of employment. City therefore agrees that if any such claims are raised after the effective date of this Agreement, the City agrees to provide any legally required and discretionary defense pursuant to a Reservation of Rights Agreement and in accordance with all applicable procedures set forth in the California Civil and Government Codes. In the event that EMPLOYEE requests a defense under this Paragraph, the City shall provide such defense under such a Reservation of Rights Agreement which will require the EMPLOYEE to indemnify the City for payment of any and all costs incurred by the City should the EMPLOYEE be found by a court of law to have acted or failed to act because of actual fraud, corruption or actual malice or that the claim involving EMPLOYEE did not arise from or was not directly related to EMPLOYEE's performance of his official duties. 14. Within twenty-four (24) hours of the time that this Agreement is fully executed, EMPLOYEE shall return to the City all personal property of the City, including his City -issued cell phone, his laptop computer, keys and any and all other equipment. EMPLOYEE shall also return all City related files, paperwork, calendars or materials. EMPLOYEE is hereby reminded that State and City laws and regulations apply to the retention and destruction of all City records. 25J-10