|
<br />Exhibit "A"
<br />
<br />WAIVER AND RELEASE
<br />
<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 either six (6) months Severance Pay in the amount of $ [6 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 />
<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
<br />Ana and its related entities and their present and former officers, directors, council members,
<br />agents, employees, attorneys, and successors (collectively, "Released Parties") from all claims,
<br />rights, demands, actions, obligations, liabilities, and causes of action of every kind and character,
<br />known or unknown, mature or unmatured, which I may have now or in the future arising from
<br />any act or omission or condition occurring on or prior to the date this waiver is signed whether
<br />based on tort, contract (express or implied), or any federal, state, or local law, statute, or
<br />regulation (collectively, the "Released Claims"). Released Claims shall also include, but not be
<br />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 />
<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 />
<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.
<br />
<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 />
<br />~
<br />
<br />Initials of Employee
<br />
<br />45635.01000\7118043.4
<br />
<br />9
<br />
|