SHYNN, CHRISTOPHER 1 - Laserfiche WebLink

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B. SITYNN and CITY agree that this Agreement has been entered into for the benefit of SITYNN and that CITY shall be deemed a third party beneficiary of this Section 1 and Section 2. 2. Acknowled eg ments SITYNN acknowledges that he: A. SITYNN has been advised by the CITY that his interests in the Lawsuit conflict with those of the CITY. B. Has received from CITY and his current counsel a full disclosure of the facts pertaining to present and potential conflicts of interest; C. Has been advised by the CITY to seek independent counsel regarding this Agreement; and D. Consents to representation by counsel of CITY'S choosing in the Lawsuit under these circumstances. 3. Reservation of Rivhts A. Under California Government Code section 825(a), the CITY reserves its rights not to pay any judgment, compromise or settlement on behalf of SITYNN until it is established that the injury complained of in the above -referenced action arose out of an act or omission occurring within the scope of SITYNN'S position and duties as a Police Officer employed by the CITY. B. Under California Government Code section 825.6(a), if the CITY pays any portion of a judgment, compromise or settlement on behalf of SITYNN in connection with the lawsuit, the CITY reserves its right to seek indemnity for such payment from SITYNN, unless SITYNN establish that the action complained of in the Lawsuit arose within the scope of SITYNN'S positions and duties as an employee of the CITY and the CITY cannot establish that SITYNN's actions were the result of actual fraud, corruption or actual malice. C. Under California Government Code section 825.2(b), if the CITY pays any portion of ajudgment, compromise or settlement on SITYNN'S behalf in connection with the Lawsuit, SITYNN may seek recovery of such amount from CITY only if SITYNN establishes that the act or omission upon which the claim or judgment is based occurred within the scope of SITYNN'S position and duties as a Police Officer of the CITY and if the CITY fails to establish that SITYNN acted or failed to act because of actual fraud, corruption, or actual malice, or that SITYNN willfully failed or refused to conduct the defense of the claim or action in good faith, or to reasonably cooperate in good faith in the defense conducted by CITY. 4. Execution of Other Documents SITYNN and the CITY hereto agree that they will cooperate with each other and will execute and deliver, or cause to be delivered, all such other instruments, and will take all such other actions, as any party hereto may reasonably request from time to time in order to effectuate the provisions and purposes hereof.