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1 1 � I <br /> . . � ♦ . <br /> 40. No Fraud,Mistake or Duress. Each party hereto �gees and acknowledges that <br /> it enters into the Agreement freely and voluntarily,without any fraud, r�isrepresentation, 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 thereo�,if to the City,to the Clerk <br /> thereof at #1 Gary K. Anderson Plaza, Decatur, Illinois 62523-119f, with a copy to James E. <br /> Peckert,Esquire,Kehart,Peckert&Booth, 132 South Water Street,Sui e 200,Post Office Box 860, <br /> Decatur, Illinois 62525-0860, and, if to the Employee, to Mr. Ryan P. cCrady, City Manager, #1 <br /> Gary K. Anderson Plaza, Decatur, Illinois 62523-1196. Either party ay change the location to <br /> which notices are to be provided by provision to the other of them in a�ccordance with this Section <br /> of the location to which notices are to be sent. <br /> 43. Fees,Costs and Expenses. Ifthe eitherpartybreaches�nyterm or condition hereof, <br /> the Employee shall,in addition to any and all other obligations hereund�r,said breaching party 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 O�portunitv 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 discriminationl or harassment issues may <br /> be presented or communicated to the supervisor of the affectedi employee (or, if deemed <br /> necessary by the affected employee to the City Manager). No City'I employee shall be subject <br /> to any reprisal or punishment for advancing a truthful complaint dr elaim 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. <br /> -17- <br />