09-13-2017 Council Packet - Laserfiche WebLink

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Separation and Release Agreement between City of Little Canada, Minnesota and Joe McGrane Page 5 of 6 Article 13. No Liability or Wrongdoing Neither the City or Joe McGrane admits to any legal liability or violation of any contract or law, nor that either have engaged in any wrongdoing in this matter. Nothing in this Agreement shall be construed to be an admission by either the City or Joe McGrane of any liability, violation or wrongdoing. Article 14. No Precedent or Past Practice This Agreement is solely for the purposes of resolving the matters described in this Agreement. The terms of this Agreement do not have any precedential value beyond this Agreement. Neither this Agreement nor its terms can be introduced, referred to, or in any other way utilized in any subsequent negotiations, mediation, arbitration, litigation, or administrative hearing, except as may be necessary to enforce its provisions and terms or as otherwise required by law. Article 15. Attorney’s Fees, Costs, and Disbursements Each party is responsible for its/his attorney’s fees, costs, and disbursements in reaching this Agreement and no party will seek an award of attorney’s fees, costs, or disbursements against a party hereto incurred in reaching this Agreement. Article 16. Binding Effect and No Assignment This Agreement is binding upon, and inures, to the benefit of the successors, executors, assigns, heirs and legal representatives of the parties hereto. This Agreement is not assignable by any party. Any purported assignment by any party shall be null and void and not operate to relieve such party of its obligations hiseunder. Article 17. Voluntary and Knowing Action Joe McGrane acknowledges that: (1) he has read and understands the contents of this Agreement; (2) he has been given a fair opportunity to discuss and negotiate the terms of this Agreement; (3) he is advised to consult an attorney before signing this Agreement; (4) he agrees with the Agreement’s provisions and is voluntarily and without duress entering into this Agreement; and (5) he has been given at least 15 days to consider this Agreement. If Joe McGrane signs the Agreement before the expiration of the 15-day period, it is because he has decided voluntarily that he does not need any additional time to decide whether to sign the Agreement.