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Exhibit "A" <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 $ [12 x current monthly <br />base salary and benefitsl I agree to waive all rights to further claims, remedies, or legal action <br />against the 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 <br />Ana and its related entities and their present and fonner 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 />lniown or unknown, mature or umnatured, 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 />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 ternis 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 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 />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 />69�- <br />Initials of Employee <br />Employee shall not file any claim, sue or initiate, against any Released Party, any <br />compliance review, action, or proceeding, or participate in the same, individually or as a member <br />of a class, under any contract (express or implied), or any federal, state, or local law, statute, or <br />regulation pertaining in any manner to the Released Claims. <br />Approved and Agreed to By: <br />I <br />