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9 City, on behalf of itself and its current and former agents, officers, City's council
<br />members, employees, representatives, assigns, successors -in -interest, counsels and insurers hereby
<br />releases and forever discharges Unland and Unland's counsel, agents, executors, heirs, assigns,
<br />and successors-m-interest from any and all claims, causes of action, actions, damages, losses,
<br />demands, accounts, reckonings, rights, debts, liabilities, obligations, disputes, controversies,
<br />payments, costs, and counsels' fees of every kind and character, known or unknown, existing or
<br />contingent, latent or patent, regarding the matters alleged in, arising from, or related to the
<br />Employment and/or Claims
<br />10 It is the intention of the Parties hereto that the releases entered into by them as a
<br />part of this Agreement shall be effective as a bar to all actions, causes of action, obligations, costs,
<br />expenses, counsels' fees, damages, losses, claims, liabilities and demands of whatsoever character,
<br />nature and kind, known or unknown, suspected or unsuspected. In furtherance of this intention,
<br />the Parties hereby expressly waive any and all rights or benefits conferred upon them by the
<br />provisions of Section 1542 of the California Civil Code, which reads as follows
<br />A general release does not extend to claims that the creditor or
<br />releasing party does not know or suspect to exist in his or her
<br />favor at the time of executing the release and that, if known by
<br />him or her, would have materially affected his or her settlement
<br />with the debtor or released party
<br />11 The Parties hereby acknowledge that the foregoing waiver of the provisions of
<br />Section 1542 of the California Civil Code was bargained for separately The Parties hereto
<br />expressly agree that the release provisions herein contained shall be given full force and effect in
<br />accordance with each and all of their express terms and provisions, including but not limited to
<br />those terms and provisions relating to unknown or unsuspected claims, demands, and causes of
<br />action hereinabove specified. The Parties specifically agree to assume the risk of the subsequent
<br />discovery or understanding of any matter, fact, or law which if now known or understood would
<br />in any respect have affected this agreement.
<br />12. Unland represents that Unland is over the age of 40 Further, Unland acknowledges
<br />Unland's waiver and release hereunder of any rights Unland may have under the Age
<br />Discrimination in Employment Act ("ADEA") is knowing and voluntary and that the consideration
<br />given for Unland's waiver and release in this Agreement is in addition to anything of value to
<br />which Unland was already entitled. Unland further acknowledges that Unland has been advised by
<br />this writing as required by the Older Workers Benefit Protection Act, that: (a) Unland's waiver
<br />and release of rights in this Agreement does not apply to any rights or claims that may arise after
<br />this Agreement is executed, (b) Unland should consult with an attorney prior to executing this
<br />Agreement; (c) Unland has had at least forty-five (45) calendar days from the date Unland first
<br />receives this Agreement to obtain the advice of counsel from the legal representative or Unland's
<br />choice and to decide whether to sign it (although Unland may, by Unland's own choice, execute
<br />this Agreement earlier), and any negotiated revisions to the document after that date do not re -start
<br />this period, (d) Unland understands that for seven (7) calendar days after Unland signs this
<br />Agreement, Unland has the right to revoke it ("revocation period"), and (e) the Agreement shall
<br />not become effective and enforceable until the date upon which the revocation period has expired,
<br />which shall be the eighth day after the Agreement is executed by Unland. If Unland chooses to
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