|
expenses, damages, indemnities, and obligations of every kind, in law, equity or
<br /> otherwise, known or unknown, arising out of or in any way related to INGRAM's CITY
<br /> employment or his separation from CITY employment.
<br /> C. CITY hereby waives its right to pursue actions and remedies under
<br /> Section 6 of the Employment Agreement and waives the notice requirements of that
<br /> Section.
<br /> D. Except as otherwise set forth in this Agreement, CITY further releases
<br /> and forever discharges INGRAM from any and all claims, liabilities, demands, causes of
<br /> actions, costs, expenses, damages, indemnities, and obligations of every kind, in law,
<br /> equity or otherwise, known or unknown, arising out of or in any way related to
<br /> INGRAM's CITY employment or his separation from employment.
<br /> E. Nothing in this Agreement shall be construed as a release by any Party of
<br /> any obligation or claim arising out of a breach of this Agreement.
<br /> 7. Waiver and Release of Discrimination Claims.
<br /> INGRAM understands and acknowledges that Title VII of the Civil Rights
<br /> Act of 1964, the Age Discrimination in Employment Act, the Civil Rights Act of 1991,
<br /> the Vietnam Era Veterans' Readjustment Assistance Act of 1974, the Americans with
<br /> Disabilities Act of 1990, the federal Family and Medical Leave Act of 1993, the
<br /> California Family Rights Act of 1991, the California Fair Employment and Housing Act,
<br /> and other statutes provide INGRAM with the right to bring an action against CITY if
<br /> INGRAM believes he has been discriminated against based on race, ancestry, creed, color,
<br /> religion, sex, sexual orientation, marital or domestic partner status, national origin, age,
<br /> status as an individual who has filed a claim for workers' compensation benefits or who
<br /> has sustained an industrial injury, status as a veteran of the Vietnam era, physical or
<br /> mental handicap and /or disability. INGRAM understands the rights afforded to him under
<br /> these Acts and agrees that he will not bring any action against CITY based on any alleged
<br /> violations(s) of these Acts based on any matters arising out of his employment with CITY
<br /> and/ or his separation from City employment. INGRAM hereby waives any right to assert
<br /> a claim for any relief under these Acts, including but not limited to back pay, attorney's
<br /> fees, damages, reinstatement, and/or injunctive relief. In addition, INGRAM also waives
<br /> any right to recover any relief as a result of any such proceeding, or any other proceeding,
<br /> initiated on his behalf.
<br /> 8. Specific Acknowledgment Of Waiver Of claims Under ADEA And
<br /> OWBPA.
<br /> The Age Discrimination in Employment Act of 1967 ( "ADEA ") makes it
<br /> illegal for an employer to discharge any individual or otherwise discriminate with respect
<br /> to the nature and privileges of an individual's employment on the basis that the individual
<br /> is age forty or older. The Older Workers Benefit Protection Act ( "OWBPA ", 29 U.S.C.
<br /> §§ 626, et. seq., Pub L 101 -433, 104 Stat. 978 (1990)) further augments the ADEA and
<br /> prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing
<br /> and voluntary. By entering into this Agreement, INGRAM acknowledges that he is
<br /> 3
<br /> 296900.1
<br />
|