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<br />nature and privileges of an individual's employment on the basis that the individual is age forty <br />or older. The Older Workers Benefit Protection Act ("OWBPA"; 29 D.S.C. SS 626 et seq.) <br />augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the <br />waiver is knowing and voluntary. By entering into this Agreement, Officer acknowledges that, <br />in exchange for consideration stated herein, he knowingly and voluntarily waives and releases <br />any rights that he may have under the ADEA and/or OWBP A. Officer further acknowledges that <br />he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA that: <br /> <br />a. This waiver/release is written in a manner Officer understands. <br /> <br />b. Officer is aware of and has been advised by a representative or <br />legal counsel of his own choosing of his rights under the ADEA <br />and OWBP A, and of the legal significance of his waiver of any <br />possible claims he currently may have under the ADEA, OWBP A, <br />or similar age discrimination laws. <br /> <br />c. Officer is entitled to a reasonable time of at least twenty-one <br />(21) days within which to review and consider this Agreement, and <br />the waiver and release of any rights he may have under the ADEA, <br />the OWBP A, or similar age discrimination laws, but he may, in the <br />exercise of his own discretion, sign or reject this Agreement at any <br />time before the expiration of the twenty-one (21) day period. To <br />the extent that Officer takes less than 21 days to consider this <br />Agreement prior to execution, Officer acknowledges that he had <br />sufficient time to consider this Agreement with his legal counsel <br />and that he expressly, voluntarily and knowingly waives any <br />additional time. <br /> <br />d. The waivers and releases set forth in this Agreement shall not <br />apply to any rights or claims that may arise after the effective date <br />of this Agreement. <br /> <br />e. Officer has an opportunity to discuss this waiver and release <br />with, and to be advised with respect thereto, by an attorney of his <br />choice prior to executing this Agreement. <br /> <br />f. Officer has seven (7) days following his execution of this <br />Agreement to revoke this Agreement. If Officer desires to revoke <br />the Agreement, he must give express and actual written notice of <br />revocation to the City of Santa Ana within seven (7) days after he <br />(Officer) executes this Agreement. Such notice of revocation shall <br />be effective only if and when received in writing by the City of <br />Santa Ana Human Resources Department before the close of <br />business on the seventh calendar day after Officer signs this <br />Agreement. <br /> <br />Page 4 of6 <br /> <br />465490.1 SA370-001 <br />