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GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. D. Reservation of Rights: The CITY contends that QUIJAS may be subjected to further punitive action, after further pre and post -disciplinary due process, should she be convicted of theft in the pending criminal proceeding. Each of the Agreeing Parties reserves their rights and positions regarding the City's ability, or lack thereof, to discipline QUIJAS further should she be convicted of theft. Neither party is waiving its position by entering into this settlement and each party is specifically reserving his/her/its rights in this regard. E. Maintenance of Records: The CITY OF SANTA ANA, its agents, representatives and attorneys may maintain the internal affairs investigation and disciplinary file consistent with its record retention policy for public records, established procedures and any court order. Thereafter, the CITY OF SANTA ANA, its agents, representatives and attorneys shall immediately purge the internal affairs and discipline records concerning QUIJAS and the subject matter of the incident giving rise to the above reference actions. F. Approval and Contingency: The terms of this Agreement are subject to approval by the City of Santa Ana. G. Cost/Fees: All Agreeing Parties to this Agreement and Release shall bear their own attorneys' fees and costs, in the Personnel Board Matter. IV. WARRANTIES AND ACKNOWLEDGMENTS A. Code of Civil Procedure 46 664.6 & 664.7: The Agreeing Parties do hereby agree that each has the right to enforce this Agreement, or any provision thereof, by filing any appropriate motion or proceeding, including, without limitation, a motion pursuant to Code of Civil Procedure §§ 664.6 & 664.7, in the appropriate law and motion department of the Orange County Superior Court where the Action is venued. The Agreeing Parties further agree, acknowledge and stipulate that the Court in the above referenced actions shall retain jurisdiction over the Agreeing Parties to determine any motion brought pursuant to Code of Civil Procedure §§ 664.6 & 664.7. B. No Admissions: This Agreement is made as part of the compromise and settlement of disputed claims, and no action taken by Agreeing Parties, either previously or in connection with this compromise and settlement, shall be deemed or construed to be an admission by Agreeing Parties of any fault or liability whatsoever in connection with any matter or thing. Nothing contained in or referred to in this Agreement shall be deemed to constitute an admission of liability nor responsibility, and it is recognized that this Agreement and the promises, covenants and conditions set