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3.7 ADEA Release. FRANKS represents she is at least 40 years of age and has certain
<br />rights under the Age Discrimination in Employment Act (29 USC § 621 et seq.); for valuable and
<br />independent consideration, the receipt and sufficiency of which is hereby expressly acknowledged,
<br />the PARTIES agree as follows: FRANKS expressly waives any and all rights or claims that she may
<br />have under the Age Discrimination in Employment Act (29 USC § 621 et seq.), except for any rights
<br />or claims under the Act that may arise by FRANKS after the date of execution of this Agreement.
<br />FRANKS further acknowledges that she has been offered at least twenty-one (21) days to consider
<br />this Agreement, and that she has signed it voluntarily and of her own free will prior to the expiration
<br />of that 21 -day period. In doing so, FRANKS now has seven (7) days from the execution to revoke
<br />this Agreement. At the expiration of this seven (7) day period, FRANKS' right to cancel this
<br />Agreement shall cease. This Agreement will not become effective until after the expiration of the
<br />seven (7) day revocation period.
<br />3.8 Disclosure Discretion. PLAINTIFF agrees that except as required by law, statute or
<br />rule of court, PLAINTIFF will not disclose or discuss the terms of this Agreement, including but
<br />not limited to its monetary terms, to or with any persons or parties other than a spouse or domestic
<br />partner, attorney, or tax consultant or unless otherwise required by law. PLAINTIFF and
<br />PLAINTIFF's counsel further agree not to instigate, participate in, engage in disclosing or
<br />publicizing to or respond to any media inquiries regarding the case (including newspaper, periodical,
<br />television, radio, social media or internet). The PARTIES acknowledge that the terms of the
<br />settlement and the Agreement are subject to disclosure pursuant to the California Public Records
<br />Act. In the event that a Public Records Act request is made for any documents related to this
<br />Agreement, the CITY shall respond only as is necessary to comply with the required disclosure and
<br />will use reasonable efforts to notify PLAINTIFF's attorney within 10 calendar days of the request.
<br />Thereafter, the CITY shall respond to any media or other public inquiry regarding the settlement
<br />with "no comment."
<br />3.9 Continuing Jurisdiction of Court. The PARTIES stipulate that the Court shall
<br />continue to have jurisdiction over this matter to enforce this settlement pursuant to Code of Civil
<br />Procedure section 664.6.
<br />3.10 Denial of Liability. The PARTIES agree and mutually acknowledge that this
<br />Agreement is for settlement purposes only. The PARTIES have denied, and continue to deny, any
<br />wrongdoing in connection with the actions or inactions alleged in the Subject Action. Neither this
<br />Agreement nor any action taken pursuant to this Agreement shall constitute any admission of any
<br />wrongdoing, fault, violation of law, or liability of any kind on the part of the PARTIES, or any
<br />admission by and of the PARTIES of any claim or allegations made in any action against such party.
<br />This Agreement is entered into to avoid the attorneys' fees, costs, expenses and risks associated with
<br />continued litigation of the claims and defenses asserted in the Subject Action, including, without
<br />limitation, the Released Claims.
<br />3.11 No Assignment of Claim. The PARTIES represent and warrant that they have not
<br />sold, assigned or transferred, or purported to sell, assign or transfer, and shall not hereafter sell,
<br />assign or transfer, any obligations, liabilities, demands, claims, costs, expenses, debts, controversies,
<br />damages, rights, actions, or causes of action released pursuant to this Agreement, including, without
<br />limitation, the Released Claims.
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