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6.1. - Page 5 of 8
<br />with the City and all other losses, liabilities, claims, charges, demands and causes of action,
<br />known or unknown, suspected or unsuspected, arising directly or indirectly out of or in any way
<br />connected to Employee's employment with the City or the separation from such employment
<br />(collectively, "Released Claims"), Released Claims include, but are not limited to, any claim
<br />based in common law, the state or federal Constitution, state or federal statutes, all contract or
<br />tort claims (such as wrongful termination, constructive discharge, breach of contract, breach of
<br />the covenant of good faith and fair dealing, fraud, defamation, libel, invasion of privacy, and
<br />intentional or negligent infliction of emotional distress), and all related claims for physical
<br />injuries, illness or damage, and all claims for attorneys' fees, costs and expenses, grievances,
<br />claims and/or appeals under federal or state law or due process, or under the City internal
<br />administrative review procedures. Nothing in this Agreement shall be interpreted to waive
<br />Employee's statutory rights under the California Labor Code (e.g. workers compensation) or the
<br />California Government Claims Act regarding defense of, and/or indemnity for, claims relating to
<br />acts committed within the course and scope of his employment. Employee does not waive his
<br />rights under workers compensation and preserves his right to continue to pursue his claim #
<br />REDC-4293 (ADJ'11377532) which is still open and pending.
<br />Waiver of Civil Code Section 1542
<br />It is understood and agreed that the releases as referred to herein are full and final
<br />releases by each party of the other, and that such full and final releases include, without
<br />limitation, all unknown and unanticipated claims, injuries, debts, or damages, as well as those
<br />now known or disclosed. With respect to all claims, each party expressly waives the provisions
<br />of California Civil Code section 1542, which provides as follows:
<br />A general release does not extend to claims which the creditor
<br />does not know or suspect to exist in his or her favor at the time
<br />of executing the release, which if known by him or her must
<br />have materially affected his or her settlement with the debtor.
<br />In that connection, each party realizes and acknowledges that one or more of the
<br />Released Claims may include losses sustained by that party on account of the other that are
<br />presently unknown or unsuspected, and that such losses as were sustained may give rise to
<br />additional losses and expenses in the future which are not now anticipated. Nevertheless, each
<br />party acknowledges that this release has been negotiated and agreed upon and that in
<br />consideration for the rights and benefits under this Agreement, the Parties intend and hereby do
<br />release, acquit and forever discharge each other from any and all claims, including those that are
<br />unknown, unsuspected or unforeseen or that are presently unknown and unanticipated.
<br />'—% Employee's Initials
<br />Warranty of No Filed Claims/Covenant Not to Sue
<br />A. Employee represents that, excluding claims for workers' compensation, he
<br />has not filed any complaint, grievance, claim, or action against the City or any of its City Council
<br />members, officers, agents, directors, employees, or representatives with any state, federal, or
<br />local agency, board, arbitrator, or court based on any matters arising out of his employment with
<br />the City and/or his separation from City employment, and that he will not do so at any time
<br />hereafter.
<br />ATTY/DOCS-AGREEMENTS/SETTLEMENT AGREEMENTS/SHEFFIELD SETTLEMENT & RELEASE AGREEMENT
<br />REV: 03-18-19 MI
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