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Exhibit "A" <br />WAVER 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 compensationl, 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. <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. <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: <br />A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE <br />CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST 1N HIS OR HER <br />FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF <br />KiiVOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS <br />SETTLEMENT WITH THE DEBTOR. <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. <br />Initials of Employee <br />45635.01000\'7118043.4 1 O <br />