07-27-11 Additions - Laserfiche WebLink

Home Browse Search

Section 8.3. C. If delivered by mail, the rescission must be postmarked within the required period, properly addressed to Mr. Hanson, as set forth above, and sent by certified mail, return receipt requested. If Dotty Norgard rescinds this Agreement in accordance with this article, she will not receive the payment(s) set forth in Section 2.1 of this Agreement and she will be obligated to return any payments and benefits if already received pursuant to Section 2.1 of the Agreement. Dotty Norgard and the City have the right to rescind or reject the payment set forth in Section 2.1 of this Agreement prior to 15 calendar days after the date that the City Council approves this Agreement. Article 9. Remedies In the event that Dotty Norgard breaches her obligations under this Agreement, City shall have the right to suspend payment of the compensation set forth in Section 2.1 of this Agreement and to recover, in addition to any equitable relief and damages allowed by law, payments Dotty Norgard has received under Section 2.1 of this Agreement. In addition, the City shall have the right to bring a legal action for appropriate equitable relief, damages, and reasonable attorneys' fees, if in the City's discretion such action is necessary to enforce this Agreement. Article 10. Entire Agreement This Agreement constitutes the entire agreement among the parties hereto. No representations, warranties, covenants, or inducements have been made to any party concerning this Agreement, other than the representations, covenants, or inducements contained and memorialized in this Agreement. This Agreement supersedes all prior negotiations and oral and written agreements and understandings with respect thereto. Article 11. Amendment, Modification, or Termination This Agreement or any of its terms may only be amended, modified, or terminated by a written instrument signed by or on behalf of all of the parties hereto or their successors in interest. Article 12. Governing Law and Severability Section 12.1. This Agreement is governed by the laws of the State of Minnesota, both as to interpretation and performance. The rule of construction of interpreting a contract against its drafter will not apply to this Agreement. Section 12.2. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable by any branch of government with authority over such provision or portion thereof, the remainder of this Agreement shall be deemed Separation and Release Agreement between City of Little Canada, Minnesota and Dotty Norgard Page 4 of 6