|
harmless City from any claim regarding tax due or payable as a result of Settlement
<br />Payment.
<br />3. No Right to Legal Proceedings. Releasor understands and agrees
<br />that, as a condition of this Agreement and notwithstanding any City personnel policy or
<br />term or provision in an agreement or memorandum of understanding between the City
<br />and an employee organization, Releasor shall not institute or join any action, lawsuit,
<br />administrative action, claim, or proceeding against the City and/or its Agents, its
<br />subsidiaries or related entities, or any successor, for any claims associated with or
<br />stemming from this request for classification review.
<br />4. Dismissal of Proceedings. Promptly upon execution of this
<br />Agreement, Releasor shall dismiss in their entirety and with prejudice any and all lawsuits,
<br />administrative proceedings, complaints, claims, charges, and other actions against City
<br />involving the allegations in Releasor's request for classification review or any information
<br />discovered as a result of said classification review.
<br />5. Release. In exchange for receipt of the Settlement Payment,
<br />Releasor and his representatives, heirs, successors, and assigns do hereby completely
<br />release and forever discharge the City and its subsidiaries or related entities, or any
<br />successor, and their present and former officers, directors, council members, agents,
<br />employees, attorneys, successors, and assigns (collectively, "Released Parties") from all
<br />claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind
<br />and character, known or unknown, mature or unmatured, which Releasor may have now
<br />or in the future arising from any act or omission or condition occurring on or prior to the
<br />Effective Date (including, without limitation, the future effects of such acts, omissions, or
<br />conditions), whether based on tort, contract (express or implied), or any federal, state, or
<br />local law, statute, or regulation (collectively, the "Released Claims"). By way of example
<br />and not in limitation of the foregoing, Released Claims shall include any claims arising
<br />under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act
<br />("ADEA"), the Americans with Disabilities Act ("ADA"), and the California Fair Employment
<br />and Housing Act ("FEHA"), Federal Fair Labor Standards Act ("FLSA") as well as any
<br />claims asserting harassment, breach of contract, breach of the covenant of good faith
<br />and fair dealing, negligent or intentional infliction of emotional distress, negligent or
<br />intentional misrepresentation, negligent or intentional interference with contract or
<br />prospective economic advantage, defamation, invasion of privacy, and claims related to
<br />disability. Released Claims shall also include, but not be limited to, claims for wages or
<br />other compensation due, overtime, bonuses, sick leave, vacation pay, life or health
<br />insurance, or any other fringe benefit. Releasor likewise releases the Released Parties
<br />from any and all obligations for attorneys' fees incurred in regard to the above claims or
<br />otherwise. Releasor acknowledges that he has received all wages, vacation, and other
<br />compensation earned pursuant to the term of his employment. Releasor also
<br />acknowledged that upon payment of the Settlement Payment, he is entitled to no other
<br />payment or compensation of any kind arising from this Settlement Agreement or any
<br />Released Claims. Notwithstanding the foregoing, Released Claims shall not include any
<br />claims based on obligations created by or reaffirmed in this Agreement.
<br />2
<br />
|