2019-028 - Approving & Authorizing the Execution of a Separation Agreement between the City of Paris and City Manager John Godwin

Home Browse Search

b. Covenant Not to Sue. Godwin agrees that he will not bring any legal action against the Releasees for any claim under the ADEA that existed prior to the time he signed this Agreement; however, this provision does not prohibit Godwin from filing a lawsuit for the sole purpose of enforcing his rights under this Agreement, from enforcing or securing any rights that may arise subsequent to his signing this Agreement, or from enforcing or securing any rights provided Godwin under the ADEA that may not be legally waived. 7. No Existine Com alaints or Lawsuits. Godwin promises that he has not filed a complaint, charge, claim or lawsuit against City or any of the other Releasees with any governmental agency or any court. This Agreement is not and shall not be interpreted as an admission by City or any of the other Releasees that it or they acted improperly in any way with respect to Godwin. 8. Confidentiali ,/Nondis aragement. Godwin promises to keep this Agreement confidential and promises not to disclose its existence or terms in any form or fashion without the prior written consent of the Mayor, unless disclosure is legally required under the Texas Public Information Act or otherwise. City agrees, however, that Godwin may inform his immediate family and also his attorney, accountant and CPA of the existence and terms of this Agreement as required for legal and/or financial planning or advice. Godwin also agrees that he will not publicly disparage the City or other Releasees in any manner until at least December 2020. Godwin also agrees that he will instruct his representatives, agents, employees, servants, friends, and family to abide by the provisions of this paragraph. 9. Return of City Property, Godwin agrees that he has returned to City all documents, files, computers, computer files, diskettes, records, notebooks, data, equipment, credit cards, keys, and all other property belonging to City or any of the other Releasees as well as any copies thereof, that Godwin removed from City premises or that is otherwise in Godwin's possession or control. Godwin represents and warrants that he has not kept any copies, electronic or otherwise, of any of City's property. All such property must be returned to City on or before August 19, 2019. 10. Consultation With AttorneN Godwin acknowledges that City advises him to consult with an attorney for advice regarding the effect of this Agreement prior to signing it. Godwin agrees that he fully understands his right to discuss this Agreement with an attorney of his choice (at his expense) and that he has had adequate opportunity to do so. 11. Assistance in Liti ation. Godwin further agrees to cooperate with the City in the defense of any lawsuits brought against the City where Godwin is a party or potential witness. Godwin agrees that he will not voluntarily provide assistance to any party adverse to the City in any lawsuit or administrative proceeding involving any matters which occurred on or before the Resignation Date or with which Godwin was involved, while an employee of the City, except to the extent required to do so by subpoena or other court order. If Godwin is subpoenaed to testify in any lawsuit or administrative proceeding in which the City is a party, Godwin agrees to immediately provide written notice to the city attorney for the City. Godwin further agrees that SEPARATION AGREEMENT AND GENERAL RELEASE Page 4