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Exhibit "A"
<br />WAIVER AND RELEASE
<br />I, the undersigned, do hereby acknowledge and attest that I have read and understood section 9.6 of
<br />my Employment Agreement with the City of Santa Ana and hereby agree that by accepting nine (9)
<br />months' Severance Pay in the amount of $ [9 x current monthly compensation], I agree
<br />to waive all rights to further claims, remedies, or legal action against the City, its officers and employees.
<br />In exchange for receipt of the Severance Pay payment, I and my representatives, heirs, successors, and
<br />assigns do hereby completely release and forever discharge the City of Santa Ana and its related entities
<br />and their present and former officers, directors, council members, agents, employees, attorneys, and
<br />successors (collectively, "Released Parties") from all claims, rights, demands, actions, obligations,
<br />liabilities, and causes of action of every kind and character, known or unknown, mature or unmatured,
<br />which I may have now or in the future arising from any act or omission or condition occurring on or prior to
<br />the date this waiver is signed whether based on tort, contract (express or implied), or any federal, state, or
<br />local law, statute, or regulation (collectively, the "Released Claims"). Released Claims shall also include,
<br />but not be limited to, claims for wages or other compensation due, severance pay, bonuses, sick leave,
<br />vacation pay, life or health insurance, or any other fringe benefit.
<br />Employee knowingly and voluntarily waives any and all rights or benefits that she may now have, or in the
<br />future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows:
<br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
<br />KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
<br />RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
<br />SETTLEMENT WITH THE DEBTOR.
<br />By initialing below, the Employee acknowledges that she has read and understands this waiver and
<br />voluntarily and knowingly is waiving her right under Section 1542 to pursue unknown or unanticipated
<br />claims, rights, demands, actions, obligations, liabilities and causes of action of any kind.
<br />Initials of Employee:ID 61
<br />Employee shall not file any claim, sue or initiate, against any Released Party, any compliance review,
<br />action, or proceeding, or participate in the same, individually or as a member of a class, under any contract
<br />(express or implied), or any federal, state, or local law, statute, or regulation pertaining in any manner to the
<br />Released Claims.
<br />Approved and Agreed to By:
<br />(Name)
<br />(Date)
<br />25G-13
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