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WHEREAS, the City and Employee mutually desire to set forth the terms and <br />conditions under which Employee will separate his employment. <br />NOW THEREFORE, in consideration of the recitals and promises made herein, <br />the parties agree as follows: <br />Non-Admission. It is expressly understood and agreed that this Agreement <br />shall not constitute and shall not be construed as an adjudication or finding on the merits <br />of any claim or potential claim by Employee. Nor does this Agreement constitute or <br />construe an admission of wrongful conduct or liability on the part of the City or its <br />current or former officials, employees, volunteers, agents, representatives, or affiliates. <br />2. Pavment. In settlement and consideration for the release of any and all <br />claims, grievances, or complaints, asserted or unasserted, the City agrees to pay <br />Employee the total sum of Eighty Thousand Dollars ($80,000.00) ("Settlement <br />Payment"). The Settlement Payment shall be made during the first week of January 2023 <br />and the City shall issue Employee an IRS Form W-2 for 2023 with respect to the <br />Settlement Payment <br />3. Se�aration Benefits: The City agrees to provide the following separation <br />benefits to Employee, subject to the consideration provisions below. <br />a. Pavout of earned and accrued Vacation/Sick/Com�ensatory Time. The <br />City will pay Employee the following before the end of 2022: <br />i. A lump sum payment of 40 hours of earned compensatory time <br />per the Labor Agreement at the 2022 pay rate; <br />