Agmt05 Hogan, Erin - Laserfiche WebLink

Browse Search

JU,l 2'2 05 10:ù3a Leo Tamisiea (925) 846-7162 p.3 agents, employ~es, council members, attorneys, heirs, predecessors, successors and assigns, and each of them, separately and collectively from: Any and all claims, liens, de~ causes of actio~ obligations, damages and liabilities of any nature whatsoever, known or unknown, suspected or unsuspecte~ past, present, or future, that have accrued prior to and including the elate of this agreement arising out of The Grievance or her employment with the CITY, or matters, transactions or occurrences which are the subject of or are in any way related to this Agreement. 3. Waiver. HOGAN expressly waives all rights under Section 1542 of the Civil Code of California which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which ifknown by him must have materially affected his settlement with the debtor." HOGAN agrees that the possibility that such unknown claims was taken into account by her in detennining the amount of consideration to be provided for the giving of this Release. 4. Covenant Not to Sue. HOGAN covenants and agree that she \\ill never, individually or with any person or in any way. commence, except as required by due legal process, prosecute or cause to be commenced or prosecuted against the CITY, any action or based upon The Grievance which is the subject of this Release, or any other claim arising out of her employment with the City. This Release shall be deemed breached and a cause of action shall be deemed to have accrued immediately upon the commencement or prosecution of any action contrary to this Release. In the event of any breach of this Section 4, the aggrieved party shall be entitled to recover not only the amount of judgment which may be awarded against such party, but also all such other " ---"r"