Agenda Packets - 1998/12/14 - Laserfiche WebLink

Home Browse Search

7. Representation by Counsel. Employee represents to the City that she has been represented by counsel of her own choosing with respect to this Agreement, and all matters covered by and relating to it, that she has been fully advised by such counsel with respect to her rights and with respect to the execution of this Agreement. Employee further agrees and represents that she has not received or relied upon any advice or representations by City or City's counsel in entering this Agreement. This Agreement shall be binding upon Employee and her attorney and inure to the benefit of the City and its respective successors, assigns, subsidiaries, heirs, executors, personal representatives, and agents. 8. Attorneys' Fees and Expenses. Each party will be responsible for the payment of their own attorneys' fees and expenses in connection with this matter. 9. No Admission of Liability. It is specifically understood that by reason of agreeing to this Agreement, the parties hereby released 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, unethical or unprofessional conduct of any sort on the part of any party. 10. Voluntary and Knowing Action. The parties acknowledge that they have had the opportunity to consult with their own legal counsel, that they have thoroughly read and understand the terms of this Agreement, and that they are voluntarily entering into this Agreement to resolve this matter. 11. Data Practices Requirements. 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. 12. Rescission/Revocation Period. This Agreement is subject to the following rescission/revocation periods as provided by law: Age Discrimination in Employment Act,7 days, 29 U.S.C. § 626(f)(1)(G); Minnesota Human Rights Act, 15 days, Minn. Stat. § 363.031, Subd. 2. Once the Agreement has been executed, Employee understands that she has the right to rescind and/or revoke the waivers and releases contained in this Agreement. To be effective, the rescission or revocation must be in writing and delivered to the City either by hand or mail within the 7 day period for the Age Discrimination in Employment Act, or within the 15 day period for the Minnesota Human Rights Act. If delivered by mail, the rescission or revocation must be: (1) postmarked within the applicable 7 or 15 day period; (2) properly addressed to the City; and (3) sent by certified mail return receipt requested. The address of the City is: City of Mounds View 2401 Highway 10 Moundsview, MN 55112-1499 Attention: City Administrator 13. Veterans' Preference. Employee acknowledges that she is not a veteran of any branch of the United States armed forces. CARLSK-154290 3 MU125-33