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Settlement Agreement - Demarest June 10, 2019 Page 2 and further agrees not to commence suit based upon any of the foregoing. The claims released by this Agreement include any and all claims pursuant to Minn. Stat. § 299A.465, including, but not limited to, claims related to the continuation of healthcare insurance coverage by the City. Demarest also releases the City from all liability for any damages, actions, or claims, arising out of, or relating to, his separation from employment with the City, to the extent such claims are waivable. The parties agree that this Release is not intended to waive Demarest's Minnesota workers' compensation rights, if any, or his PERA Police and Fire Plan pension rights under Minn. Stat. § 353.656, subd. 1. 4. Consideration. Demarest agrees that the settlement payment is a full and fair payment and sufficient consideration for the release of claims in this Agreement. 5. No Admission of Liability. This Agreement is not an admission of guilty or liability by either party. 6. Binding Agreement. The Release of Claims in this Agreement will bind Demarest and his heirs, executors, administrators, assigns, agents, partners, and successors in interest. Demarest represents that no right, claim or cause of action covered by the Release has been assigned or been given to someone else. 7. Voluntary Agreement. Demarest represents that he (a) has read this Agreement and Release carefully; (b) understands its provisions; (c) has had an opportunity to consult with an attorney; (d) has not been influenced to sign this Agreement by any statement or representation by the City; and (e) enters into this Agreement and Release of Claims knowingly and voluntarily. 8. Public Data. This Agreement is public data. To the extent allowed by law, all other personnel data relating to Demarest is private personnel data. 9. Responsibility for Costs. Each party shall be solely responsible for its own costs, expenses, and attorney fees. 10. Non -precedential. This Agreement is reached based solely on the circumstances of the present matter and will not set a precedent for the handling of future grievances or claims related to the same subject matter. 11. Entire Aareement. This Agreement contains the entire understanding between the parties and supersedes all other agreements and understandings relating to the subject matter of this Agreement.