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ATTY/AGR/SETTLEMENTS/2025/ECHEMA/SETTLEMENT AGREEMENT & MUTUAL RELEASE – ECHEMA <br />REV: 10-10-25 MI <br />Page 5 of 7 <br />Plaintiff’s City employment to official inquiries by employment-related or tax-related government <br />agencies (e.g. CalPERS, the Internal Revenue Service, California EDD, etc.). <br /> <br />(c) Nothing in this Agreement prevents Plaintiff from discussing or disclosing <br />information about unlawful acts in the workplace, such as harassment or discrimination or any <br />other conduct that Plaintiff has reason to believe is unlawful. <br /> <br />11. Non-disclosure of City’s Confidential Information. During Plaintiff’s <br />employment with the City, Plaintiff may have had access to confidential information related to the <br />City’s business that does not involve unlawful acts in the workplace (“City’s Confidential <br />Information”). Plaintiff expressly warrants and represents that he did not retain or remove from <br />City premises or electronic systems any of City’s Confidential Information, whether as originals <br />or copies, either during his employment or at separation. Plaintiff further agrees that he shall not, <br />without the prior written consent of the City, directly or indirectly, disclose, publish, reveal or <br />communicate, or cause or allow to be disclosed, published, revealed or communicated to any <br />unauthorized person the City’s Confidential Information, except as required by applicable law. <br /> <br />12. Entire Agreement. This Agreement constitutes the entire agreement between <br />Plaintiff and City, and this Agreement supersedes all prior and contemporaneous agreements, <br />communications and understandings, written and oral, with respect to all matters including, but <br />not limited to, Plaintiff’s employment and separation from such employment. This Agreement <br />cannot be modified except by written document signed by both of the Parties. <br /> <br />13. Severability and Waiver. If any portion of this Agreement shall to any extent be <br />declared unenforceable or illegal by a court of competent jurisdiction, the remainder of this <br />Agreement shall not be affected thereby, and each portion and provision of this Agreement shall <br />be valid and enforceable to the fullest extent permitted by law. <br /> <br />Any of the terms or conditions of this Agreement may be waived at any time by the party entitled <br />to the benefit thereof, but no such waiver shall affect or impair the right of the waiving party to <br />require observance, performance or satisfaction either of that term or condition as it applies on a <br />subsequent occasion or of any other term or condition hereof. <br /> <br />14. Voluntary Acceptance. In entering into this Agreement, Plaintiff represents that <br />he has relied upon the advice of his attorneys, who have been the attorneys of his own choice, <br />concerning the legal consequences of this Agreement; that the terms of this Agreement have been <br />completely read and explained to Plaintiff by his attorneys; and that the terms of this Agreement <br />are fully understood and voluntarily accepted by Plaintiff. <br /> <br />15. Good Faith and Mutual Drafting. This Agreement shall be deemed to have been <br />negotiated through arms-length bargaining, jointly drafted by the Parties, and entered into in good <br />faith. <br /> <br />16. Attorney Fees. Each party to this Agreement agrees to bear its own attorney fees <br />and costs, if any, incurred in reaching this Agreement. <br />