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2. This is a full and final settlement by Colton to <br />Sotelo and, as provided herein, shall fully satisfy all claims of <br />Sotelo against Colton and fully discharge Colton from its duty to <br />compensate Sotelo as city manager pursuant to said prior employment <br />agreement and otherwise. However, Sotelo does not waive his rights <br />to deferred compensation credited to his account prior to making <br />this agreement. Sotelo may withdraw or transfer the contents of <br />that account at his pleasure, the same as any other employee could <br />do under Colton's deferred compensation plan at the time of <br />termination of employment. <br />3. Sotelo acknowledges that all expenses incurred by <br />him on behalf of Colton for which he is entitled to reimbursement <br />have been fully paid. As to any expense not so paid, he waives <br />reimbursement thereof. <br />/n 4. Colton will pay Sotelo Six Thousand Dollars <br />($6,000.00) in lieu of accrued leave. Sotelo waives all claim for <br />accrued leave and vacation and payment in any manner for the same. <br />5. Sotelo represents and warrants that he has not <br />appropriated any of Colton's assets to his own use. Sotelo will <br />turn over all of Colton's property in his possession forthwith to <br />his successor city manager. Sotelo will cooperate with and assist <br />his successor city manager, make available information reasonably, <br />and be available for consultation at reasonable times. Sotelo will <br />sign all documents convenient or reasonably required to transfer <br />authority to his successor, including bank account signature cards. <br />-2- <br />A ��� <br />