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might have affected his actions, and therefore he expressly waives the benefit of the <br /> provisions of section 1542 of the California Civil Code, which provides: <br /> A general release does not extend to claims which the creditor <br /> does not know or suspect to exist in his favor at the time of <br /> executing the release, which if known by this must have <br /> materially affected his settlement with the debtor. <br /> INGRAM hereby expressly waives and relinquishes all rights and benefits which <br /> he has or may have had under section 1542 of the California Civil Code or the law of any <br /> other state, country, or jurisdiction to the same or similar effect to the full extend that he <br /> may lawfully waive such rights. As a part of this waiver, INGRAM waives any right to <br /> notice and an opportunity for a hearing regarding his separation from CITY employment. <br /> B. The release contained herein is intended to be complete and final as to any <br /> matters arising out of INGRAM's employment with CITY and /or his separation from <br /> CITY employment, and to cover not only such claims, demands, liabilities, damages, <br /> actions and causes of action which are known, but also claims, demands, liabilities, <br /> damages, actions and causes of action which are unknown or which CITY does not <br /> suspect to exist in its favor which, if known at the time of executing this Agreement <br /> might have affected its actions, and therefore it expressly waives the benefit of the <br /> provisions of section 1542 of the California Civil Code, which provides: <br /> A general release does not extend to claims which the <br /> creditor does not know or suspect to exist in his favor at <br /> the time of executing the release, which if known by his <br /> must have materially affected his settlement with the <br /> debtor. <br /> CITY hereby expressly waives and relinquishes all rights and benefits <br /> which it has or may have had under section 1542 of the California Civil Code or <br /> the law of any other state, country, or jurisdiction to the same or similar effect to <br /> the full extent that it may lawfully waive such rights. <br /> 10. No Admission of Liability. <br /> This Agreement and compliance with it shall not operate or be <br /> construed as an admission by CITY or any liability, misconduct, or wrongdoing <br /> whatsoever against INGRAM or any other person; nor as an admission by CITY <br /> of any violation of the rights of INGRAM or any other person; nor as a violation <br /> of any order, law, statute, duty, or contract whatsoever against INGRAM or any <br /> other person. Rather, CITY expressly denies any liability to INGRAM. <br /> 11. Limitation on Disclosure of Agreement; Communications With <br /> Prospective Employers. <br /> A. The Parties agree to issue the joint statement attachment as Exhibit <br /> B and there shall be no further comment by INGRAM and CITY on personnel <br /> 5 <br /> 296900.1 <br />