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G. WHEREAS, released in this Agreement are any and all past and present
<br />claims, demands, obligations, and/or causes of action for compensatory or punitive
<br />damages, injuries, costs, losses, expenses, attorneys' fees, investigative expenses,
<br />whether based on tort, contract or other legal equitable theories of recovery, against the
<br />Agreeing Parties, including their respective representatives, predecessors, and
<br />successors in interest, heirs, assigns, and their past and present principals, officers,
<br />directors, shareholders, servants, members, partners, subsidiaries, affiliated companies.
<br />agents, independent contractors, employees, employers, assignees, devisees,
<br />attorneys, and insurers arising from or in anyway related to the Personnel Board Matter
<br />only. Agreeing Parties agree that this compromise and settlement shall constitute a bar
<br />to all such claims, demands, obligations, or causes of action, potential or otherwise,
<br />except as to the QUIJAS Civil Action, the SAPOA Litigation and as specifically outlined
<br />in the Reservation of Rights section of this Agreement.
<br />H. WHEREAS, it is the intent of the Agreeing Parties to fully and finally
<br />resolve any and all claims (known or unknown, suspected or unsuspected) arising out
<br />of, from or in any way related to the Personnel Board Matter only.
<br />REPRESENTATIONS OF THE PARTIES
<br />The Agreeing Parties represent as follows:
<br />A. That each expressly has the authority to execute this Agreement, and that
<br />this Agreement as so executed shall be binding upon its successors and assigns; and
<br />B. That the representation set forth above shall endure forever and shall
<br />survive the execution of this Agreement and the settlement and dismissals of the
<br />subjects in the above referenced actions.
<br />III. AGREEMENT AND RELEASE
<br />NOW, THEREFORE, in consideration of the foregoing, the following respective
<br />provisions, promises, and covenants, the Agreeing Parties hereto agree and release as
<br />follows:
<br />A. Terms of Settlement: The Parties hereby agrees as follows:
<br />1. Officer NICOLE QUIJAS shall be reinstated to her position as
<br />police officer with the Santa Ana Police Department, forthwith, with no loss of benefits or
<br />seniority other than listed below. QUIJAS shall be paid for all back pay and benefits
<br />from the date of her termination to the date of her reinstatement, but without interest.
<br />The payment shall be a lump sum payment with no taxes taken out (City may 1099 the
<br />amount). QUIJAS shall accept as the discipline in this matter the Deputy Chief's and
<br />Police Commander's recommendation for a suspension and return to patrol and that
<br />established by the recommendation in Chief Rojas' first Notice of Intent (to wit, a 250
<br />hour suspension). The monetary value of the suspension shall be deducted from the
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