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4.13. SR 11-21-2016
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4.13. SR 11-21-2016
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<br />10. Effect of Rescission of Release of Claims. If Employee revokes or rescinds any part of <br />the Release of All Claims in this Agreement, paragraphs 2, 3 and 4 of this Agreement <br />will automatically be rescinded without further action by either party but the rest of this <br />agreement shall remain in place. <br /> <br />11. Return of Property. Employee agrees to immediately return all City property that is in <br />her possession. The City will provide Employee with a reasonable opportunity to remove <br />her personal effects from her office in a manner that is not embarrassing and at a time <br />when other City staff are not present. <br /> <br />12. Representation by Union. Employee acknowledges that she has been represented by <br />her Union Representative with respect to this Agreement and all matters covered by and <br />relating to it. Employee further agrees and represents that she has not received or relied <br />upon any advice or representations by the City or the <br />Agreement. The parties acknowledge that they have consulted with their own legal <br />counsel, that they have thoroughly read and understand the terms of this Agreement, and <br />that they are voluntarily entering into this Agreement. <br /> <br />13. Responsibility for Costs. Each party is responsible for its own costs, expenses, and any <br />attorney fees associated with this Agreement. <br /> <br />14. No Admission of Wrongdoing. Nothing in this Agreement may be construed to be an <br />admission of liability or wrongdoing by, against, or on behalf of the City, Union or <br />Employee. Any form of wrongdoing or liability is expressly denied by the City and its <br />representatives and by Employee and her representatives and the Union and its <br />representatives. <br /> <br />15. Choice of Law, Forum and Severability. This Agreement is governed by the laws of <br />the ent of <br />Minnesota or any other state. The parties agree that the Minnesota state and federal <br />courts will have exclusive jurisdiction over any dispute arising out of this Agreement. If <br />a court determines that any part of this Agreement is unlawful or unenforceable, the <br />remaining portions of the Agreement will remain in full force and effect. <br /> <br />16. Entire Agreement. This Agreement constitutes the entire agreement between the parties <br /> No <br />party has relied upon any statements, promises, or representations that are not stated in <br />this document. No changes to this Agreement are valid unless they are in writing and <br />signed by all parties. A copy of this Agreement will have the same legal effect as the <br />original. <br /> <br />17. Data Practices. The Parties agree that this Separation Agreement and Release of Claims <br /> <br /> <br />Agreement and Release of Claims <br />Page 3 of 4 <br />190155v1 <br />
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