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<br /> Exhibit "A"
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<br /> WAIVER AND RELEASE
<br /> I, the undersigned, do hereby acknowledge and attest that I have read and understood
<br /> section 9.7 of my Employment Agreement with the City of Santa Ana and hereby agree that by
<br /> accepting either twelve (12) months Severance Pay in the amount of $ [ 12 x current
<br /> monthly compensation], or a City-paid service credit, I agree to waive all rights to further claims,
<br /> remedies, or legal action against the City, its officers and employees.
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<br /> In exchange for receipt of the Severance Payment, or the service credit, I and my
<br /> representatives, heirs, successors, and assigns do hereby completely release and forever
<br /> discharge the City of Santa Ana and its related entities and their present and former officers,
<br /> directors, council members, agents, employees, attorneys, and successors (collectively,
<br /> "Released Parties") from all claims, rights, demands, actions, obligations, liabilities, and causes
<br /> of action of every kind and character, known or unknown, mature or unmatured, which I may
<br /> 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,
<br /> state, or local law, statute, or regulation (collectively, the "Released Claims"). Released Claims
<br /> shall also include, but not be limited to, claims for wages or other compensation due, severance
<br /> pay, bonuses, sick leave, vacation pay, life or health insurance, or any other fringe benefit.
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<br /> Employee knowingly and voluntarily waives any and all rights or benefits that he may
<br /> now have, or in the future may have, under the terms of Section 1542 of the California Civil
<br /> Code, which provides as follows:
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<br /> A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
<br /> CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
<br /> FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
<br /> KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
<br /> SETTLEMENT WITH THE DEBTOR.
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<br /> By initialing below, the Employee acknowledges that he or she has read and
<br /> understands this waiver and voluntarily and knowingly is waiving his right under
<br /> Section 1542 to pursue unknown or unanticipated claims, rights, demands,
<br /> actions, obligations, liabilities and causes of action of any kind.
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<br /> Initials of Employee
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<br /> 45635.01000\7118043.4 10
<br /> 5OA-12
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