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ATTY/AGR/SETTLEMENTS/2025/ECHEMA/SETTLEMENT AGREEMENT & MUTUAL RELEASE – ECHEMA
<br />REV: 10-10-25 MI
<br />Page 3 of 7
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<br />6. General Release of Claims.
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<br />Plaintiff, on behalf of himself and his representatives, heirs, beneficiaries, assigns and
<br />successors-in-interest, on the one hand, and City, on behalf of itself and its current and former
<br />Councilmembers, agents, officers, employees, representatives, assigns, successors-in-interest, and
<br />attorneys (the “Releasees”), on the other hand, hereby mutually release and forever discharge each
<br />other from any and all claims, causes of action, actions, charges, grievances, damages, losses,
<br />demands, accounts, reckonings, rights, debts, liabilities, obligations, disputes, controversies,
<br />payments, costs and attorneys’ fees of every kind and character existing as of the Effective Date
<br />of this Agreement, known or unknown, including, but not limited to, those arising from
<br />employment with City or the Action, including, but not limited to those arising out of any claims
<br />for violation of any alleged contract, express or implied, any covenant of good faith and fair
<br />dealing, whether express or implied, any tort or any federal, state, or local statute or regulation,
<br />including, but not limited to, the Age Discrimination in Employment Act, the California Fair
<br />Employment and Housing Act, Title VII of the Civil Rights Act of 1964, the Americans with
<br />Disabilities Act, the Employee Retirement and Income Security Act, the Federal Family and
<br />Medical Leave Act, the California Family Rights Act and the California Labor Code prior to the
<br />date of this Agreement. To the extent allowed by law, Plaintiff’s released claims shall also include,
<br />but shall not be limited to, claims for severance pay, sick leave, vacation, any form of paid time
<br />off, life or health insurance, or any other fringe benefit. Plaintiff and the Releasees also release
<br />each other from any and all obligations for attorneys’ fees incurred in regard to Plaintiff’s released
<br />claims. As a part of this waiver, Plaintiff expressly waives any and all grievance rights, as well as
<br />any right to notice and an opportunity for any pre-disciplinary or post-disciplinary hearing
<br />regarding his separation from City employment.
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<br />Plaintiff also agrees that by signing this Agreement and accepting the consideration described
<br />herein, Plaintiff waives any and all rights he may have to obtain any monetary award against the
<br />Releasees through any administrative agency, court, or other forum. Nothing in this Agreement
<br />shall be construed to prohibit Plaintiff from filing a charge or participating in any investigation or
<br />proceeding conducted by the California Civil Rights Department, the U.S. Equal Employment
<br />Opportunity Commission or a comparable state or local agency. Notwithstanding the foregoing,
<br />Plaintiff hereby agrees to, and does, waive Plaintiff’s right to recover monetary damages in any
<br />charge or lawsuit filed by Plaintiff or anyone else on Plaintiff’s behalf based on Plaintiff’s
<br />employment with City.
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<br />Notwithstanding the foregoing, the released claims shall not include any claims based on
<br />obligations created by or reaffirmed in this Agreement, or claims which expressly cannot be
<br />waived according to the California Government Claims Act, California Labor Code Section 2804
<br />or claims for workers’ compensation benefits or state unemployment benefits.
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<br />7. Unknown Claims, Waiver of California Code Section 1542. It is the intention
<br />of the Parties hereto in executing this Agreement that it shall be effective as a full and final accord
<br />and satisfactory release of each and every matter specifically referred to herein. In furtherance of
<br />this intention, the Parties acknowledge that they are familiar with Section 1542 of the Civil Code
<br />of the State of California, which reads as follows:
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