2012-028 RES APPROVING/AUTHORIZING EXECUTION OF CITY MANAGER EMPLOYMENTAGREEMENT BETWEEN JOHN GODWIN AND COP

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expenses of Iegal proceedings including attorneys fees, and any other Iiabili#ies incurred by, impased upon, or suffered by such Employee in connection with or resulting from an_y claim, actian, suit, or proceeding, actuat ar threatened, arising out of or in connection with the perfarmance of his ar her duties. Any settlement of any claim must be made with prior approval of Emplo-ver in order far indemnification, as provided in this Section, to be available. Employee recognizes t.hat Employer shall have the right to grasecute, compromise and/or settle any claim or lawsuit involving Employee in his off"icial capacity and Employee sha11 have inpu# in the prosecution or settlement of a claim, lawsuit ar settlement only if Employee was sued in his persanal capacity. Further, Employer agrees to pay all reasonable litigution exgenses of Employee throughout the pendency of any litigation to which Employee is a party, witness or advisor to Emgtoyer. Such expense payments shalI continue beyond Employee's service to the Employer as lang as litigation is pending. Further, Employer agrees to pay Employee reasonabie consulting fees and travet expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending IitigatiQn. Section 16: Other Terms and Conditions of Employment Employer, anly upon agreement with Employee, shali fix any such ather terms and conditions of empIayment, as it may determine from time to tame, relating ta the perforznance of the Employee, provided such terms and conditions are nat inconsistent with or ui conflict Ncith the provisions of this Agreement, the Teaas Local Government Code, the City of Paris Charter, or any other law. Sectiori 17: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States F'astal Service, postage prepaid, addressed asfallows: (1) EMPLOYER: Mayar, City of Paris, P.Q. Box 9437, Faris, Texas 7546I-9037, and an additional copy addressed to City Clerk, City of Paris, Texas, PO Box 9037, Paris, Texas 75461-9037 (2) EMPL4YEE: John Godwin, 6613 Springmeadaw Lanc, Rawlett. TX 75089 Alternatively, notice required pursuant to this Agreement may be personally served in the sarne manner as is applicable to civil judicial practice. Notice shall bc deemed given as of the date af persanal service or as the date af deposit of such written notice in the course of transrnission in the Uruted States Postal Service. Section 1$: General Provisians A. Primarv Residence in City af Paris. Employee agrees to establish and maintain his primary residence in the city Iimits of the City of Paris during the term of this Agreement and any extensions or renewats thereof. B. Integration. This Agreemcnt sets forth and establishes the entire understanding between Employer and Employee relating to the employment of Employee by E-mployer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreernent. The parties by muttial w-ritten agreement may amend any provisian of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this Agreement. C. Binding Effect. This Agreement shall be binding on Employer and Employee as well as their heirs, assigns, executars, personal representatives and successors in interest.