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back pay payment. By executing this Agreement, the Agreeing Parties acknowledge
<br />and agree that such execution immediately withdraws her personnel board appeal and
<br />forever resolves the Personnel Board Matter;
<br />2. After QUIJAS is reinstated, she agrees to meet with the City
<br />Manager or Acting City Manager for the City of Santa Ana. Said meeting shall not
<br />involve the discussions of the merits of the disciplinary case;
<br />3. The City and QUIJAS shall come to a mutually agreeable
<br />statement/press release regarding the Police Department taking disciplinary action,
<br />QUIJAS accepting responsibility for her actions, and all involved look forward to moving
<br />on and serving the community;
<br />B. RELEASE in exchange for the above agreement, except for any rights or
<br />obligations created by this Agreement, each Agreeing Party for itself, its shareholders,
<br />assigns, successors in interest, agents, employees, partners, attorneys, executors,
<br />insurers, lienholders, administrators, and representatives (collectively "Releasing
<br />Parties") hereby releases, holds harmless, acquits and forever discharges each other
<br />Agreeing Party, its insurer, its respective assigns, heirs, executors, administrators,
<br />successors, agents, owners, independent contractors, businesses, corporations,
<br />partnerships, consultants, employees, managers, attorneys, insurers, employees,
<br />maintenance personnel, principals, and affiliates ("Released Parties"), from any and all
<br />claims, demands and/or causes of action asserted or which could have been asserted
<br />in the above Personnel Board Matter, including but not limited to, any and all claims
<br />arising out of or from demands, actions, liens, causes of action, injuries, damages,
<br />losses, expenses, costs, attorneys' fees, expert fees, and/or other claims whatsoever
<br />based in law, tort, or in equity, which Releasing Parties may have against the Released
<br />Parties, known or unknown, suspected or unsuspected, existing or not existing. This
<br />release includes all issues pertaining to any and all acts, omissions, nonfeasance and
<br />misfeasance of the Released Parties, if any, arising out of, from or in any way relating to
<br />the Personnel Board Matter; except as specifically outlined in the Reservation of Rights
<br />section of this Agreement, raised in the QUIJAS Litigation, and/or raised in the SAPOA
<br />Litigation.
<br />C. CIVIL CODE § 1542 WAIVER: Agreeing Parties acknowledge and
<br />understand that there is a risk that now or subsequent to the execution of this
<br />Agreement, it may have claims arising out of or related to the Personnel Board Matter
<br />which are unknown and unanticipated at the time this Agreement is signed, and that any
<br />claims as are known or should be known may become more serious than they now
<br />expect or anticipate. Other than the obligations referenced herein, Agreeing Parties
<br />WAIVE ALL RIGHTS they may have in such unknown and unexpected consequences
<br />or results and specifically waive the protections of Civil Code § 1542. Further, each
<br />party acknowledges that they have been informed by their respective attorneys of
<br />record, or had the opportunity to seek the advice of independent counsel, and that they
<br />are familiar with Civil Code § 1542, which provides as follows:
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