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<br /> 40. No Fraud,Mistake or Duress. Each party hereto agrees and acknowledges that
<br /> it enters into the Agreement freely and voluntarily, without any fraud, misrepresentation, duress or
<br /> misunderstanding whatsoever.
<br /> 41. Investigation. Each party hereto agrees, covenants and warrants that it has
<br /> possessed the opportunity to retain legal counsel of its own choosing, and that each has conducted
<br /> that investigation into the facts and circumstances surrounding the Agreement to the full and
<br /> complete satisfaction of said party.
<br /> 42. Notices. Any notice required hereunder shall be deemed given upon personal
<br /> delivery thereof or three(3)business days subsequent to mailing thereof,if to the City, to the Clerk
<br /> thereof at #1 Gary K. Anderson Plaza, Decatur, Illinois 62523-1196, with a copy to James E.
<br /> Peckert,Esquire,Kehart,Peckert&Booth, 132 South Water Street,Suite 200,Post Office Box 860,
<br /> Decatur, Illinois 62525-0860, and, if to the Employee, to Mr. Ryan P. McCrady, City Manager, #1
<br /> Gary K. Anderson Plaza, Decatur, Illinois 62523-1196. Either party may change the location to
<br /> which notices are to be provided by provision to the other of them in accordance with this Section
<br /> of the location to which notices are to be sent.
<br /> 43. Fees,Costs and Expenses. Ifthe either partybreaches anytenn or condition hereof,
<br /> the Employee shall,in addition to any and all other-obligations hereunder. said breaching parte shall
<br /> pay to the non-breaching party any costs, expenses and fees, including reasonable attorney's fees,
<br /> incurred by the non-breaching party due to, arising from, or a result of, said breach or breaches.
<br /> 44. Equal Opportunity Statement. The City does not discriminate in
<br /> employment opportunities or practices on the basis of race, color, religion, age, sex, national
<br /> origin,disability(or handicap), ancestry,sexual orientation, marital status, veteran status,or
<br /> any other matter prohibited by federal,state or local law. The City is committed to providing
<br /> a work environment in which the Employee is(and other employees are)treated with courtesy,
<br /> respect and dignity. As part of this commitment, the City will not tolerate any form of
<br /> harassment, whether verbal or physical, with regard to an individual's race, color, religion,
<br /> age,sex,national origin,disability (or handicap),ancestry, sexual orientation, marital status,
<br /> veteran status, or any other protected characteristic under federal, state or local law.
<br /> Any questions, or complaints in reference to discrimination or harassment issues may
<br /> be presented or communicated to the supervisor of the affected employee (or, if deemed
<br /> necessary by the affected employee to the City Manager). No City employee shall be subject
<br /> to any reprisal or punishment for advancing a truthful complaint or claim for discrimination
<br /> or harassment. Any City employee found to be guilty of engaging in harassing or unlawful
<br /> discriminatory behavior shall be subject to disciplinary action up to and including discharge
<br /> from employment with the City.
<br /> Should the Employee have any suggestion(s), question(s),problem(s) or complaint(s),
<br /> the Employee may raise such matters with the Council.
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