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<br />I <br /> <br />I <br /> <br />I <br /> <br />5. Employee's Understandinl! of Al!reement: Consultation with Attorney. The <br />Employee represents that A) he has carefully read and fully understands all the provisions of this <br />Agreement, and that he is signing it voluntarily; B) the City has advised him to consult with an <br />attorney for advice regarding the effect of this Agreement prior to signing it, and C) he fully <br />understands his right to discuss this Agreement with an attorney of his choice and that he has had <br />adequate opportunity to do so. <br /> <br />6. 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 will remain fully valid and enforceable. <br /> <br />7. Applicable Law and Venue. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Texas. Venue shall be in Hays County, Texas for any <br />dispute under this Agreement. <br /> <br />8. Entire Al!reement. This Agreement sets forth the entire agreement between the <br />Employee and the City related to the Employee's separation from employment with the City, and <br />it supersedes the Employment Agreement between the Employee and City dated March 17, <br />2005. <br /> <br />9. NOTICE TO EMPLOYEE. THIS AGREEMENT INCLUDES A RELEASE AND <br />WAIVER OF LEGAL RIGHTS AND CLAIMS, INCLUDING CLAIMS UNDER THE ADEA. <br /> <br />City of San Marcos <br /> <br /> <br /> <br />Ros <br /> <br />'1 La 10\0 <br /> <br />Date <br /> <br />Date <br /> <br />2 <br />