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if he is needed as a witness by the City, he will make himself available to the City's lawyers <br />before he testifies. <br />12. Godwin's Understandin of A reement. Godwin promises that he has carefully read <br />and fully understands all the provisions of this Agreement, and that he is signing it voluntarily <br />because he wants to take advantage of City's offer as contained in this Agreement. <br />13. Severability. The provisions of this Agreement are severable, that is, they may be <br />considered separately. If any paragraph is found by a court to be unenforceable, the other <br />paragraphs shall remain fully valid and enforceable. <br />14. Choice of Law. This Agreement and the rights and obligations hereunder will be <br />governed by, and construed and interpreted in all respects in accordance with, the laws of the <br />State of Texas. Venue will be in Lamar County. <br />15. Waiver of Breach. The waiver by City of a breach of any provision of this Agreement <br />by Godwin will not operate or be construed as a waiver of any subsequent breach by Godwin. <br />16. Breach. Godwin agrees that the provisions contained in this Agreement are fair and <br />reasonable. Godwin acknowledges that irreparable injury will result to City in the event of <br />Godwin's breach of any of the provisions herein. Consequently, in addition to any other rights <br />or remedies available to City for breach of this Agreement by Godwin, City will be entitled to <br />enforcement by preliminary restraining order and injunction. If an action at law or in equity by <br />City is necessary to enforce the terms of this Agreement, City will be entitled to recover from <br />Godwin its reasonable costs and attorneys' fees in addition to any other relief to which it may be <br />entitled. <br />17. Notice of Breach; O .mortunity to Cure; City's Dama yes for Breach. Godwin will be <br />deemed to be in breach of this Agreement if he Godwin takes any action or engages in any <br />conduct in violation of any of the terms or conditions of this Agreement, including but not <br />limited to failing to provide the services required by the provisions of paragraph 4 of this <br />Agreement. In that event, the City shall notify Godwin of such breach in writing and sent to the <br />physical and email addresses set forth hereinbelow and giving Godwin fourteen (14) days to cure <br />such breach. Should Godwin fail to cure said breach (if the breach is amenable to cure), the City <br />will terminate the Agreement effective the date of the breach, and the City will make no further <br />payments under paragraphs 3.B. or 4 herein. As damages for said breach, Godwin must return <br />the cash payment made to Godwin by City in accordance with paragraph 3.A. In addition, <br />before Godwin takes any legal action to challenge the validity or enforceability of this <br />Agreement, for any reason, including, without limitation, any claim that Godwin did not <br />knowingly or voluntarily enter into this Agreement, Godwin agrees that he first must repay to <br />City the cash portion of the Separation Benefits he received under paragraph 3.A hereof. <br />18. Entire Areement. This Agreement sets forth the entire Agreement between Godwin <br />and City and takes the place of any and all prior agreements or understandings between Godwin <br />and City. <br />SEPARATION AGREEMENT AND GENERAL RELEASE Page 5 <br />