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City,their attorneys, their insurers, and the Released Parties, including but not limited to attorney's fees incurred by or on behalf of the Released Parties, their attorneys, and their insurers, as well as fines, penalties, multipliers,costs, interest, expenses, and judgments. d. The City is relying upon the representations and warranties of Valdez regarding Medicare. If Valdez's representations are not correct or the required actions are not performed, it is acknowledged and agreed that Valdez shall indemnify the City,their attorneys, their insurers, and the Released Parties for any damages, legal fees, and costs or expenses for any failure to adhere to the representations and warranties contained herein. 8. Older Worker's Benefit Protection Act. This Agreement constitutes a knowing and voluntary waiver of any and all rights or claims Valdez has or may have under the federal Age Discrimination in Employment Act, as amended by the Older Workers'Benefit Protection Act of 1990,29 U.S.C. §§ 621, et seMc. This paragraph and this Agreement are written in a manner which Valdez fully understands. Valdez is hereby advised in writing to consult with an attorney before signing this Agreement, and has, in fact had the opportunity to do so. Valdez specifically waives any rights or claims arising under the ADEA.This Agreement does not waive rights or claims under the ADEA that may arise after the date this Agreement is executed. The rights and claims waived in this Agreement are in exchange for consideration over and above anything of value to which Valdez is already entitled. Valdez has up to 21 days in which to consider signing this Agreement. If Valdez decides not to use all 21 days,Valdez knowingly and voluntarily waives any claims Valdez was not given the 21-day period or did not use the entire 21 days to consider this Agreement. Valdez may revoke this Agreement at any time within the 7-day period following the date Valdez signs this Agreement by providing written notice of revocation to the City by email at sflores@santa-ana.org so such written notice is received before the 7-day period revocation period expires. If Valdez does not revoke this Agreement within the 7-day revocation period,this Agreement will become effective on the 8th day after Valdez signs and dates this Agreement, initials each page of it, and returns an original executed Agreement to the City (the"Revocation Period"). If Valdez revokes this Agreement as set forth above,Valdez will not receive the consideration specified in this Agreement. 9. Effective Date. The"Effective Date" of this Agreement will be when all of the following conditions have occurred: (a)Valdez executes and dates the Agreement, (b)Valdez executes and dates a Request for Dismissal of the Actions with prejudice ("Request for Dismissal"), (c)Valdez's counsel provides to the City's counsel the executed Agreement, Request for Dismissal, and completed W-4 and W-9 forms for Valdez and their firm, and (d)the Revocation Period set forth above has expired. The City will not file the Request for Dismissal with the Court until 3 calendar days after the two checks of the Settlement Payment have been made to Valdez and Valdez's counsel and the two checks have cleared both Valdez's and Valdez's counsel's financial institutions. 10. Effectuating Dismissals. Upon receipt of the Settlement Payment,Valdez agrees to cause her counsel to take whatever steps are needed to effectuate the dismissal of all claims within the Actions with prejudice. 49 5-2" 3-6886.I 5 of 9 JV City's Initials ValdeZs Initials