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OFFICER ACKNOWLEDGES BY HIS SIGNATURE ON THIS AGREEMENT THAT HE <br />FULLY UNDERSTANDS HIS RIGHT TO DISCUSS THIS WAIVER WITH LEGAL <br />COUNSEL, THAT HE HAS CAREFULLY READ AND FULLY UNDERSTANDS THE <br />WAIVER, AND THAT HE IS VOLUNTARILY AGREEING TO WAIVE ANY CLAIMS <br />THAT HE HAS OR MAY HAVE UNDER THE AGE DISCRIMINATION IN <br />EMPLOYMENT ACT, THE OLDER WORKERS BENEFIT PROTECTION ACT, AND ANY <br />OTHER LAWS PROHIBITING AGE DISCRIMINATION IN EMPLOYMENT ARISING <br />FROM OR RELATED OR ATTRIBUTABLE TO OFFICER'S EMPLOYMENT WITH THE <br />CITY. <br />11. Employment Relinquished and No Reemplovment. Officer specifically and <br />expressly waives any right which he has, or may have, to be employed, reemployed, rehired, and <br />considered for employment or reinstatement by the City. <br />12. Representation by Counsel. Officer acknowledges that he is fully aware of his <br />right to discuss any and all aspects of this matter with an attorney of his choice, that the City has <br />advised him of that right, that he has carefully read and fully understands the provisions of this <br />Agreement and that he is voluntarily entering into this Agreement. City acknowledges that at all <br />times related to the negotiation, drafting and approval of this Agreement and its terms, Officer <br />has played no role in his capacity as City Attorney, and that City and its officials have sought <br />independent legal advice in such regards. <br />13. Entire Agreement and Admissibility. This Agreement constitutes the complete <br />understanding between or among Officer on the one hand, and the City and any other Released <br />Party on the other hand, and supersedes any and all prior agreements, promises, representations, <br />or inducements, no matter their form, concerning the subject matter of this Agreement. The <br />Parties desire that this Agreement represents a single integrated contract expressing the entire <br />agreement of the Parties with respect to matters set forth herein. No promises, agreements, or <br />modifications to this Agreement made subsequent to the execution of this Agreement by the <br />Parties shall be binding unless reduced to a written instrument which specifically references this <br />Agreement and is signed by authorized representatives of the Parties. The Parties to this <br />Agreement represent that this Agreement may be used as evidence in any subsequent proceeding <br />in which any of the Parties alleges a breach of this Agreement or seeks to enforce its terms, <br />provisions or obligations. <br />14. Assignment of Rights. Officer represents that he has not assigned or transferred <br />or purported to assign or transfer, to any person or entity, any claim or any portion of interest <br />against the City. <br />15. Severability. Should any of the provisions or terms of this Agreement be <br />determined illegal, invalid, or unenforceable by any court or governmental agency of competent <br />jurisdiction, validity of the remaining parts, terms, or provisions, shall not be affected thereby <br />and said illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a <br />part of this Agreement. <br />Page 5 of b <br />465490.1 SA370-001 <br />