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HomeMy WebLinkAboutContracts & Agreements_36-1996_CCv0001.pdf GENERAL RELEASE For a valuable consideration, the receipt and adequacy of which are hereby acknowledged, the undersigned does hereby release and forever discharge the "Releasees" hereurider, consisting of the San Bernardino International Airport Authority, County of San Bernardino, Trevor Van Horn, City of Colton, City of Highland, City of Redlands, City of San Bernardino, City of Loma Linda, Swen Larson, Jerry Eaves, Dennis Johnson, Abe E. Beltran. Tom Minor, Dr. Frederick Curlin, Robert Christman, Harry M. Mays, Marsha Turoci, Jon Mikels, Larry Walker, Barbara Riordan, and each of their respective associates, owners, subsidiaries, stockholders, affiliates, predecessors, successors, agents, directors, officers, partners, employees, representatives, lawyers, and all persons acting by, through, under or in concert with them. or any of them, of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises. liability, claims. demands, damages, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter called "Claims"), which the undersigned now has or may hereafter have against the Releasees, or any of them, by reason of any matter, cause, or thing whatsoever from the beginning of time to the date hereof. The Claims released hereby include, without limiting the generality of the foregoing, any Claims arising out of, based upon. or relating to the hire, remuneration, layoff or termination of the undersigned by the Releasees, or anv of them. The Claims released herein include, without limiting the generality of the foregoing, any claims in any way arising out of, based upon, or related to Ms. Viera's employment by the Releasees, or any of them, ,including all claims or rights pursuant Title VII of the Civil Rights Act of 1991; the Civil Rights Act of 1964; the Civil Rights Act of 1866; the California Labor Code-, the California Unemployment Insurance Code; the Employee Retirement Income Security Act; the California Workers' Compensation Act; the Consolidated Omnibus Budget Reconciliation Act; the National Labor Relations Act; the Labor Management Relations Act; the Equal Pay Act of 1963; the California Fair Ernpioynierti and Housing Act: the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act or any federal. state or local statute or law prohibiting wrongful termination, employment discrimination, sexual harassment or violation of public policy. Ms. Viera expressly agrees that she will not institute and/or continue any legal or workers' compensation proceeding against any of the Releasees before any court, administrative agency, arbitrator, workers' compensation appeals board, or any other tribunal whatsoever, by reason of any claim, liability or cause of action, whether known or unknown, arising out of or related to her employment with Releasees. or any of them. or her separation therefrom. In giving this Release, the undersigned forever releases and gives up her employment rights and her employee status with the Releasees and Exhibit "A" each of them. Releasez acknowledges her awareness and understanding that under the Older Workers" Benefit Protection Act of 1990, she is entitled to twenty-one (21) days to consider this General Release, the attached Settlement Agreement and her release of any claim under the Age Discrimination in Employment Act ("ADEA") and seven (7) days after signing this General Release to revoke her release as to any AREA claim. Notwithstanding, upon the advise of her counsel, Ms. Viera agrees to waive the twenty-one (21) day waiting period under the Older Workers' Benefit Protection Act of 1990 and, accordingly, agrees that the release contained within this General Release in its entirety, including the release of any potential AREA claim or claims, shall be effective the day after the expiration of the seven (7) day revocation period, THE LFNDERSIGNIED ACKNOWLEDGES THAT SHE HAS BEEN ADVISED BY HER LEGAL COUNSEL, MICHAEL A. GOULD, AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1541 WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR" THE UNDERSIGNED, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVES ANY RIGHTS SHE MAY HAVE THEREUNDER. AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. The undersigned represents and warrants that there has been no assignment or other transfer of any interest in any Claim which she may have against the Releasees, or any of them., and the undersigned agrees to indemnify and hold Releasees, and each of them, harmless from any liability, Claims, demands, damages, costs, expenses and attorneys' fees incurred by Releasees, or any of them, as a result of any person asserting any such assignment or transfer. It is the intention of the parties that this indemnity does not require payment as a condition precedent to recovery by the Releasees against the undersigned under this indemnity. The undersigned agrees that if she hereafter commences, joins in, or in any manner seeks relief through any suit arising out of, based upon, or relating to any of the Claims released hereunder or in any manner asserts against Releasees, or any of them, any of the Exhibit "A" Claims released hereunder, then the undersigned shall pay to Releasees, and each of them, in addition to any other damages caused to Releasees thereby, all attomeys' fees incurred by Releasees in defending or otherwise responding to said suit or Claim. The undersigned further understands and agrees that neither the payment of any surn of money nor the execution of this Release shall constitute or be construed as an admission of any liability whatsoever by the Releasees, or any of them, who have consistently taken the position that they have no liability whatsoever to the undersigned. IN WITNESS WHEREOF, the undersigned has executed this Release this __I day of 1995. SANDRA VIERA Releasee Approved as to form and content. I have advised Sandra Viera of the meaning and effect of the provisions of Section 1542 of the California Civil Code and she has voluntarily waived any rights she may have thereunder, as well as under any other statutes or common law principles of similar effect. I have also advised Sandra Viera that under the Older Workers' Benefit Protection Act of 1990 she is entitled to twenty-one (21) days to consider signing this General Release and the attached Settlement Agreement and she has waived such twenty-one (21) day period. PARKER • STANBURY Michael A. Gould Attorney for Sandra Viera Exhibit "A"