|
Exhibit "B"
<br />WAIVER AND RELEASE
<br />I, the undersigned, do hereby acknowledge and attest that I have read and understood
<br />section 9.6 of my Employment Agreement with the City of Santa Ana and hereby agree that by
<br />accepting twelve (12) months Severance Pay in the amount of $ ` ` OoO [12 x current monthly
<br />compensation] I agree to waive all rights to further claims, remedies, or legal action against the
<br />City, its officers and employees.
<br />In exchange for receipt of the Severance Payment I and my representatives, heirs,
<br />successors, and assigns do hereby completely release and forever discharge the City of Santa Ana
<br />and its related entities and their present and former officers, directors, council members, agents,
<br />employees, attorneys, and successors (collectively, "Released Parties ") from all claims, rights,
<br />demands, actions, obligations, liabilities, and causes of action of every kind and character, known
<br />or unknown, mature or unmatured, which I may have now or in the future arising from any act or
<br />omission or condition occurring on or prior to the date this waiver is signed whether based on tort,
<br />contract (express or implied), or any federal, state, or local law, statute, or regulation (collectively,
<br />the "Released Claims "). Released Claims shall also include, but not be limited to, claims for wages
<br />or other compensation due, severance pay, bonuses, sick leave, vacation pay, life or health
<br />insurance, or any other fringe benefit.
<br />Employee knowingly and voluntarily waives any and all rights or benefits that he may now
<br />have, or in the future may have, under the terms of Section 1542 of the California Civil Code,
<br />which provides as follows:
<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 KNOWN
<br />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, actions,
<br />obligations, liabilities and causes of action of any kind.
<br />M
<br />Initials of Employee
<br />13
<br />55394.00000 \8170424.1
<br />
|