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rescission and revocation periods identified in Paragraph 12 herein. 4. Separation Payment. The City shall make a payment to Employee in the amount of TWENTY THOUSAND THREE HUNDRED NINETY-NINE AND 61/100 DOLLARS ($20,399.61) representing three (3) months of compensation, to be reduced by applicable federal and state taxes, employment taxes, and other customary withholdings, in settlement of all salary, overtime compensation, compensatory time, claims in law and equity, as well as any administrative claims that the Employee may have against the City or its officers, agents, employees, or insurers. (“Separation Payment”). Subject to the express limitations identified in Paragraph 11 herein, the Separation Payment represents a negotiated settlement of a good faith dispute between the parties with respect to all salary, overtime compensation, compensatory time, vacation time, sick time, benefits, claims in law and equity, as well as any administrative claims that the Employee may have against the City or its officers, agents, employees, or insurers. The Separation Payment shall be made within fourteen (14) days after the expiration of the rescission/revocation periods identified in Paragraph 12 herein, with a check made payable to "Keith Demarest”, which will be reduced by all applicable federal and state taxes, employment taxes, and other customary withholdings for the Employee. 5. Consideration. The parties acknowledge and agree that the terms described herein constitute sufficient consideration for this “Separation Agreement and Release of Claims”. 6. Attorneys' Fees and Expenses. Each party will be responsible for the payment of their own attorneys' fees and expenses in connection with this matter. 7. Records, Documents and Property. On or before the Discharge Date, Employee shall return all City owned property and records, including but not limited to uniforms, equipment, keys, cell phones and any other property provided to the Employee by the City. 8. Data Practices Requirements; Confidentiality. This "Separation Agreement and Release of Claims" is public data. To the extent permitted by law, all other personnel data collected relating to the Employee shall remain private data pursuant to the relevant provisions of the Minnesota Data Practices Act. 9. Entire Agreement. The Separation Agreement and Release of Claims constitute the entire agreement between the parties with respect to the discontinuation of Employee’s employment relationship with the City, and the parties agree that there were no inducements or representations leading to the execution of this Separation Agreement and Release of Claims except as contained herein. 10. No Admission of Liability. It is specifically understood that by reason of agreeing to this Agreement, the parties admit absolutely no liability, misconduct, wrongdoing, unethical or unprofessional conduct of any sort, and it is further specifically understood that this Agreement shall not be construed as an admission of liability, misconduct, wrongdoing, or unethical or unprofessional conduct of any sort on the part of any party. 517248v2 RAA MU210-258 2