AgdaPkt 2019-04-08 Joint SA PFA - Laserfiche WebLink

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6.1. - Page 7 of 8 11. Entire Agreement This Agreement constitutes the entire agreement between Employee and the City. Any amendments to this Agreement must be in writing, signed by duly authorized representatives of both the City and Employee, and must state that the parties intend to amend the Agreement. None of the Parties are relying upon any other negotiations, discussions or agreements in connection with the subject matter of this Agreement. This is a fully integrated agreement. 12. Severability and Waiver A. If any provision of this Agreement is adjudicated by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement which can be given full force and effect without the invalid provision shall continue in full force and effect and shall in no way be impaired or invalidated. B. Any of the terms or conditions of this Agreement may be waived at any time by the party entitled to the benefit thereof, but no such waiver shall affect or impair the right of the waiving party to require observance, performance or satisfaction either of that term or condition as it applies on a subsequent occasion or of any other term or condition hereof. 13. Choice of Law; Venue of Actions; Costs and Fees This Agreement shall be interpreted according to the laws of the State of California. Venue of any legal action shall be in San Mateo County Superior Court. Nothing in this section shall prevent the parties from mutually agreeing to binding arbitration of any dispute. 14, Voluntga Execution of Agreement Employee represents that he has carefully read this entire Agreement and that he knows and understands its contents. The Parties have each had the opportunity to receive independent legal advice from attorneys of their choice with respect to the preparation, review, and advisability of executing this Agreement. The Parties further represent and acknowledges that they have freely and voluntarily executed this Agreement after independent investigation and without fraud, duress, or undue influence, with a full understanding of the legal and binding effect of this Agreement and with the approval of legal counsel, if any. 15. Right of Revocation; Effective Date of Agreement Employee acknowledges that he has been advised to seek the assistance of counsel in negotiating the terms of this Agreement and that he has been provided with the time to consult with an attorney prior to signing this Agreement. Pursuant to the Age Discrimination in Employment Act and the Older Workers' Benefit Protection Act, the City hereby notifies Employee that he has up to twenty-one (21) days within which to consider whether he should sign this Agreement, although he may sign this Agreement in less time if he so chooses. Employee acknowledges and agrees that any changes made to this Agreement, whether material or immaterial, as a result of the Parties' negotiations do not restart the running of the twenty-one (21) day review period. In addition, should Employee choose to sign the Agreement, he shall have seven (7) days following the date on which he signed the Agreement to revoke this Agreement. If Employee chooses to revoke this Agreement pursuant to this paragraph, ATfY/DOCS-AGREEMENTS/SETTLEMENT AGREEMENTS/SHEFFIELD SETTLEMENT & RELEASE AGREEMENT REV: 03-18-19 MI Page 5 of 6 181