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<br />U.S.C. S206(d)), the Fair Labor Standards Act (29 U.S.C. S 201 et seq.), the Family and Medical
<br />Leave Act (29 U.S.C. S2601 et seq.), the Employment Retirement Income Security Act of 1974
<br />(29 U.S.C. S1001 et seq.), Sections 1981-88 of Title 42 of the United States Code (42 U.S.c.
<br />S1981 et seq.), the American with Disabilities Act (42 U.S.C. S1210l et seq.), claims of retaliation
<br />or whistle-blowing (including but not limited to California Labor Code S 1102.5 et seq. and
<br />Government Code SI2653), claims for breach of any type of contract, including written, oral or
<br />implied, breach of any covenant, promise or representation pertaining to Officer's employment,
<br />whether expressed or implied, and all other claims arising in contract, tort or equity or under any
<br />other statute or regulation, federal, state or local, up to the date of execution of this Agreement.
<br />
<br />City hereby irrevocably and unconditionally releases and discharges Officer, his
<br />employees, attorneys and agents (referred to herein individually as "City-Released Party" or
<br />collectively as the "City-Released Parties") from any and all claims, charges, complaints, lawsuits,
<br />liabilities, claims for relief, obligations, promises, agreements, contracts, interests, controversies,
<br />injuries, damages, actions, causes of actions, suits, rights, demands, costs, losses, debts, liens,
<br />judgments, indebtedness, and expenses (including attorneys' fees and costs actually incurred), and
<br />all other claims and rights of action of all kinds and descriptions, whether KNOWN OR
<br />UNKNOWN, suspected or unsuspected, actual or potential, which City now has, owns or holds, or
<br />claims to have, own or hold against Officer and the City-Released Parties, at common law or under
<br />any statute, rule, regulations, order or law, whether federal, state, or local, or on any grounds
<br />whatsoever, with respect to any act, omission, event, matter, claim, damage, loss, or injury arising
<br />prior to the execution of this Agreement.
<br />
<br />9. Mutual Section 1542 Waivers. As a further consideration and inducement for this
<br />Agreement, to the extent permitted by law, Officer and the City each hereby waive and release any
<br />and all rights under section 1542 of the California Civil Code or any analogous state, local, or
<br />federal law, statute, rule, order or regulation, he or it has or may have with respect to any claims
<br />against each other, or against the Released Parties or the City-Released Parties. California Civil
<br />Code section 1542 reads as follows:
<br />
<br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
<br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
<br />TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
<br />EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
<br />OR HER MUST HAVE MA TERIALL Y AFFECTED HIS OR
<br />HER SETTLEMENT WITH THE DEBTOR."
<br />
<br />Officer and the City each waive any right he or it might have to invoke section 1542 now or in
<br />the future with respect to the releases set out in this Agreement. Officer and the City each
<br />recognize and acknowledge that factors which have induced him or it to enter into this
<br />Agreement may turn out to be incorrect or different from what he had previously anticipated, and
<br />Officer and City each expressly assume all of the risks of this wavier of section 1542.
<br />
<br />10. Specific Acknowlede:ment of Waiver of Claims Under ADEA and OWBPA.
<br />The Age Discrimination in Employment Act of 1967 ("ADEA"; 29 U.S.c. 9S 621-634) makes it
<br />illegal for an employer to discharge any individual or otherwise discriminate with respect to the
<br />
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<br />465490.1 SAJ70-001
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