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5. _Report of Pending Matters. Officer represents and warrants that by the close of
<br />business on December 30, 2010, he will provide the City Manager with a report detailing all open
<br />and pending matters being handled by the City Attorney's office.
<br />6. Return of Property. Officer represents and warrants that by the close of business
<br />on the Severance Date, he will. return to the City all property owned by the City including all Files,
<br />books, passwords, documents, and physical or personal property owned by the City.
<br />7. Indemnification. The City agrees that Officer shall be entitled to the defense or
<br />indemnification protections that may be afforded to public employees in Government Code
<br />sections 825 through 825.6 and sections 995 through 996.6. Defense or indemnification, if any,
<br />will only be available for conduct arising out of Officer's course and scope of employment with
<br />the City up to and including the Severance Date. Notwithstanding the City's general obligation to
<br />defend or indemnify Officer if he is charged with acts that occurred in the course and scope of his
<br />employment, the City may refuse to provide Officer a defense or indemnity under any of the
<br />circumstances allowed for doing so set forth in Government Code sections 825 through 825.6 and
<br />sections 995 through 996.6.
<br />8. Mutual General -Releases of Claims and Parties. Officer hereby irrevocably and
<br />unconditionally releases and discharges the City, its affiliates, officers, employees, City Council
<br />members, attorneys or agents (referred to herein individually as "Released Party" or collectively as
<br />the "Released Parties") :from any and all claims, charges, complaints, lawsuits, liabilities, claims
<br />for relief, obligations, promises, agreements, contracts, interests, controversies, injuries, damages,
<br />actions, causes of actions, suits, rights, demands, costs, losses, debts, liens, judgments,
<br />indebtedness, and expenses (including attorneys' fees and costs actually incurred), and all other
<br />claims and rights of action of all kinds and descriptions, whether KNOWN OR UNKNOWN,
<br />suspected or unsuspected, actual or potential, Which Officer now has, owns or holds, or claims to
<br />have, own or hold against the Released Parties, at common law or under any statute, rule,
<br />regulations, order or law, whether federal, state, or local, or on any grounds whatsoever, with
<br />respect to any act, omission, event, matter, claim, damage, loss, or injury arising out of and/or
<br />related in any way to the employment of and/or the termination of such employment between
<br />Officer and the City, and/or with respect to any other claims, matter, or event arising prior to the
<br />execution of this Agreement.
<br />Without Iimiting the foregoing, Officer understands and agrees that he is waiving any
<br />rights he has, may have had, or may have, to pursue any and all remedies available to him under
<br />any employment -related cause of action against the Released Parties, including without limitation,
<br />any claims for discrimination, harassment and/or retaliation, claims under the Ralph M. Brown Act
<br />(California Government Code §54950 et seq.),. the California Fair Employment and Housing Act
<br />(California Government Code § 12900 et seq.), the California Family Rights Act (California
<br />Government Code § 12945.2), the Unruh and George Civil Rights Acts (California Civil Code §51
<br />et seq.), all provisions of the California Labor Code and any wage orders or similar directives or
<br />authorities issued by any federal or state authority having enforcement powers, the Constitution of
<br />the United States, the Constitution of the State of California, Title VII of the Civil Rights Act of
<br />1964 (42 U.S.C. §2000c et seq.), the Age Discrimination in Employment Act (29 U.S.C. §621, et.
<br />seq.), the Older Workers Benefit Protection Act (29 U.S.C. §626 et seq.)the Equal Pay Act (29
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<br />465490.1 SA370-001
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