5.0.1. SR 06-06-2011 - Laserfiche WebLink

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right to receive any damages obtained through such prosecution and that accordingly she will not accept any award of money or other damages from such suit. Notwithstanding the foregoing, this Agreement does not release any rights or claims Ms. Johnson may have under the Minnesota Human Rights Act or the Age Discrimination in Employment Act that arise after she signs this Agreement or that arise from acts occurring after she signs this Agreement. Furthermore, this Agreement does not release any post-separation rights Ms. Johnson may have under an ERISA welfare benefit or pension plan that are specifically provided for in the applicable plan document or required by law, any rights she may have under any plan subject to Section 409A of the Internal Revenue Code of the United States to the extent the release would cause a violation of Section 409A, or any rights to post- separation benefits continuation under state or federal law. This Agreement also does not prevent Ms. Johnson from pursuing any claim to enforce this Agreement, or any right or claim that by law may not be waived. 9. Period for Review and Consideration. Ms. Johnson acknowledges that she has been given a period of 21 days from the date on which she receives a copy of this Agreement to review and consider this Agreement and her decision whether or not to enter into this Agreement. Ms. Johnson further understands that she may use as much or as little of this 21-day period as she wishes prior to signing this Agreement; provided, however, that Ms. Johnson may not sign or otherwise enter into this Agreement unless and until the City has officially accepted her resignation and approved this Agreement. If Ms. Johnson does not sign this Agreement within such 21-day period, the City's offer to enter into this Agreement terminates immediately at 12:01 a.m. of the 22"d day after the date on which Ms. Johnson received a copy of this Agreement. 10. Opportunity to Consult. Ms. Johnson is advised by the City to seek the advice of an attorney of her choosing prior to signing this Agreement. Ms. Johnson hereby acknowledges that she has had fully sufficient opportunity to do so in connection with entering into this Agreement. 11. Opportunity to Rescind. Ms. Johnson understands that she has the right to rescind, i.e., cancel, this Agreement for any reason within fifteen (15) days after she has signed it. If she decides to rescind this Agreement and mails her notice of rescision, she understands that it must be postmarked within the fifteen (15) day period, sent by certified mail, return receipt requested, and addressed to City Attorney Peter K. Beck, Gray Plant Mooty, 500 IDS Center, 80 S. 8th St., Minneapolis, MN 55402. 12. Non-Admission by Parties. By signing this Agreement, the Parties agree that nothing whatsoever in this Agreement or otherwise is to be construed as an admission by either Party of any liability or unlawful conduct. 5