FLETCHER, JOSEPH W. - SEVERANCE AGMT

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OFFICER ACKNOWLEDGES BY HIS SIGNATURE ON THIS AGREEMENT THAT HE FULL Y UNDERSTANDS HIS RIGHT TO DISCUSS THIS WAIVER WITH LEGAL COUNSEL, THAT HE HAS CAREFULLY READ AND FULL Y UNDERSTANDS THE WAIVER, AND THAT HE IS VOLUNTARILY AGREEING TO WAIVE ANY CLAIMS THAT HE HAS OR MA Y HAVE UNDER THE AGE DISCRIMINA nON IN EMPLOYMENT ACT, THE OLDER WORKERS BENEFIT PROTECTION ACT, AND ANY OTHER LAWS PROHIBITING AGE DISCRIMINATION IN EMPLOYMENT ARISING FROM OR RELATED OR ATTRIBUTABLE TO OFFICER'S EMPLOYMENT WITH THE CITY. 11. Employment Relinquished and No Reemployment. Officer specifically and expressly waives any right which he has, or may have, to be employed, reemployed, rehired, and considered for employment or reinstatement by the City. 12. Representation by Counsel. Officer acknowledges that he is fully aware of his right to discuss any and all aspects of this matter with an attorney of his choice, that the City has advised him of that right, that he has carefully read and fully understands the provisions of this Agreement and that he is voluntarily entering into this Agreement. City acknowledges that at all times related to the negotiation, drafting and approval of this Agreement and its terms, Officer has played no role in his capacity as City Attorney, and that City and its officials have sought independent legal advice in such regards. 13. Entire Agreement and Admissibility. This Agreement constitutes the complete understanding between or among Officer on the one hand, and the City and any other Released Party on the other hand, and supersedes any and all prior agreements, promises, representations, or inducements, no matter their form, concerning the subject matter of this Agreement. The Parties desire that this Agreement represents a single integrated contract expressing the entire agreement of the Parties with respect to matters set forth herein. No promises, agreements, or modifications to this Agreement made subsequent to the execution of this Agreement by the Parties shall be binding unless reduced to a written instrument which specifically references this Agreement and is signed by authorized representatives of the Parties. The Parties to this Agreement represent that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties alleges a breach of this Agreement or seeks to enforce its terms, provisions or obligations. 14. Assignment of Rights. Officer represents that he has not assigned or transferred or purported to assign or transfer, to any person or entity, any claim or any portion of interest against the City. 15. Severability. Should any of the provISIons or terms of this Agreement be determined illegal, invalid, or unenforceable by any court or governmental agency of competent jurisdiction, validity of the remaining parts, terms, or provisions, shall not be affected thereby and said illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of this Agreement. Page 5 of6 465490.1 SAJ 70-00]