ARROYO, JORGE (SANTA ANA POLICE DEPARTMENT)-2015 (2)

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unsuspected, existing or not existing. This release includes all issues pertaining to any and all acts, omissions, nonfeasance and misfeasance of the Released Parties, if any, arising out of, from or in any way relating to the subject Actions and/or the subject incident; except as specifically outlined in the Reservation of Rights section of this Agreement. D. CIVIL. CODE § 1542 WAIVER: Agreeing Parties acknowledge and understand that the Releases in this Agreement extend to all claims of any nature and kind, known and unknown, suspected or unsuspected, anticipated or unanticipated, arising from the above referenced actions and the subject matter of the investigation, discipline, litigation, and/or appeals, except as specifically outlined in the Reservation of Rights section of this Agreement. Agreeing Parties acknowledge and understand that there is a risk that now or subsequent to the execution of this Agreement, it may have claims arising out of or related to the Action or the subject incident set forth above which are unknown and unanticipated at the time this Agreement is signed, and that any claims as are known or should be known may become more serious than they now expect or anticipate. Other than the obligations referenced herein, Agreeing Parties WAIVE ALL RIGHTS they may have in such unknown and unexpected consequences or results. Further, each party acknowledges that they have been informed by their respective attorneys of record, or had the opportunity to seek the advice of independent counsel, and that they are familiar with Civil Code § 1542, which provides as follows: GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. E.eservation of Rights: The CITY contends that ARROYO may be subjected to further punitive action, after further pre and post -disciplinary due process, should he be convicted of theft in the pending criminal proceeding. Each of the Agreeing Parties reserve their rights and positions regarding the employer's ability, or lack thereof, to discipline officers further should they be convicted of theft. Neither party is waiving its position by entering into this settlement and each party is specifically reserving his/her/its rights in this regard. F. Maintenance of Records: The CITY OF SANTA ANA, its agents, representatives and attorneys may maintain the internal affairs investigation and disciplinary file consistent with its record retention policy for public records, established procedures and any court order. Thereafter, the CITY OF SANTA ANA, its agents, representatives and attorneys shall immediately purge the internal affairs and discipline records concerning ARROYO and the subject matter of the incident giving rise to the above reference actions. Page 4 of 7