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EMPLOYEE requests a defense under this Paragraph the City shall provide such defense under <br />such a Reservation of Rights Agreement which will require the EMPLOYEE to indemnify the <br />City for payment of any and all costs incurred by the City should the EMPLOYEE be found by a <br />court of law to have acted or failed to act because of actual fraud, corruption or actual malice or <br />that the claim involving EMPLOYEE did not arise from or was not directly related to <br />EMPLOYEE's performance of his official duties. <br />14. Within twenty-four (24) hours of the time that this Agreement is fully executed, <br />EMPLOYEE shall return to the City all personal property of the City, including his City -issued <br />cell phone, his laptop, his City -issued vehicle, keys and any and all other equipment. <br />EMPLOYEE shall also return all City -related files, paperwork, calendars or materials. <br />EMPLOYEE is hereby reminded that State and City laws and regulations apply to the retention <br />and destruction of all City records. All equipment and files shall be returned to the City in a <br />form that is consistent with State and City records retention laws and regulations. <br />15. EMPLOYEE represents and agrees that he has been advised to discuss this <br />Agreement with an attorney, and that he has carefully read and fully understands all of the <br />provisions of the Agreement, that he is voluntarily entering into this Agreement, and that he has <br />the capacity to enter into this Agreement. <br />16. EMPLOYEE represents and acknowledges that in executing this Agreement he <br />does not rely and has not relied upon any representation or statement not set forth herein made <br />by any of the parties or any of the parties' agents, representatives, or attorneys with regard to the <br />subject matter, basis or effect of this Agreement or otherwise. <br />