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anything to which Valdez is already entitled,and the City has no independent legal duty to
<br /> provide Valdez with the consideration set forth in this Agreement, absent the terms of the
<br /> Agreement itself. The Parties understand and agree that they will not receive the consideration
<br /> specified herein, except for the Parties'execution of this Agreement and the fulfillment of the
<br /> promises contained herein.
<br /> 2. Tax. No party or attorney for any party has made any representations or
<br /> warranties regarding the taxability of the Settlement Payment made herein. Valdez agrees to
<br /> assume all risks regarding the tax consequences to her of the Settlement Payment, if any. Valdez
<br /> further agrees to indemnify and hold harmless the Released Parties against any assessment of
<br /> payroll,withholding,FICA, or other taxes or penalties on the Settlement Payment,if any, which
<br /> may be assessed solely against her by any governmental tax authority and which may be due
<br /> and payable solely by her in connection with the Settlement Payment made herein.
<br /> 3. Valdez Release of Claims. Valdez, and anyone and any entity claiming through
<br /> Valdez, including but not limited to Valdez's heirs, administrators, successors in interest, assigns
<br /> and agents, hereby release and forever discharge the City and each of its respective past,present
<br /> and future employees,officers,public officials,council members, directors, members, agents,
<br /> trustees, administrators, representatives, insurers, fiduciaries, attorneys, affiliates, related
<br /> entities, assigns,predecessors and successors in interest, and each and all of them,jointly and
<br /> severally(collectively the"Released Patties"),from any and all liabilities, claims, causes of
<br /> actions, charges, complaints, obligations, costs, losses, damages, injuries,penalties, interest,
<br /> attorneys'fees, and other legal responsibilities,of any form whatsoever,whether known or
<br /> unknown, unforeseen, unanticipated, unsuspected or latent, which Valdez has at any time owned
<br /> or held prior to the date of Valdez's execution of this Agreement, including but not limited to,
<br /> any and all claims arising out of, connected with, or relating to:
<br /> • The Actions;
<br /> • Valdez's employment with the Released Patties;
<br /> • Any act or omission by the Released Parties;
<br /> • Title VII of the Civil Rights Act of 1964, as amended;
<br /> • The Civil Rights Act of 1991,as amended;
<br /> • Sections 1981 through 1988 of Title 42 of the United States Code, as amended;
<br /> • The Age Discrimination in Employment Act of 1967,as amended;
<br /> • The Family Medical Leave Act, as amended;
<br /> • The Employee Retirement Income Security Act of 1974, as amended;
<br /> • The Immigration Reform and Control Act, as amended;
<br /> • The Americans with Disabilities Act of 1990, as amended;
<br /> • The Fair Labor Standards Act, as amended;
<br /> • The Workers Adjustment and Retraining Notification Act, as amended;
<br /> • The Occupational Safety and Health Act,as amended;
<br /> • The California Fair Employment and Housing Act, as amended;
<br /> • The California Labor Code, as amended;
<br /> • The Sarbanes-Oxley Act of 2002, as amended;
<br /> • The California Family Rights Act;
<br /> 4935-1333 68 6.1 2 of 9
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<br /> ity's Initials Valdez's Initials
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