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under COBRA shall in no way be deemed to extend the Employee's last date of employment with
<br />the City.
<br />4. Employee agrees and acknowledges that all payments provided under this
<br />Agreement are in support of all of the provisions contained herein and for the execution of this
<br />Agreement, and are discretionary benefits given to certain retired or terminated Employees. Except
<br />as otherwise provided herein, Employee specifically waives any and all rights to any other
<br />payments or benefits that may be given to any other Employees of the City.
<br />5. Employee agrees that he will return to the City property including but not limited to
<br />identification card, keys, cell phone, and other electronic data instruments, all documents,
<br />confidential records, Employee information, financial information, plans, projections, data, formula,
<br />specification and equipment owned by the City prior to the receipt of any compensation under this
<br />Agreement, except for the vehicle provided to the Employee. The vehicle shall be returned no later
<br />than 3 pm June 22, 2012. All property, records, files, data Employee information, drawings,
<br />documents, models, equipment, and the like relating to the businesses of the City, which Employee
<br />has used, prepared or came in contact with during his employment by the City, shall be and remain
<br />the sole property of the City and shall not be removed from the premises of the City without its
<br />written consent.
<br />6. Employee, for himself, his family, representatives, successors and assigns, except for
<br />the undertakings provided for herein, covenants to forever refrain from instituting, maintaining,
<br />pressing, collecting or in any way aiding and proceeding upon, and releases and forever discharges
<br />the City and its commissioners, representatives, agents, and Employees from any and all claims,
<br />demands, debts, damages, injuries, actions or rights of action of any nature whatsoever, whether
<br />known or unknown, which Employee had, now has or may have against the City, its commissioners,
<br />agents, and Employees, from the beginning of the Employee's employment to and including the
<br />date of separation from full time employment with the City, on account of, or arising out of, any
<br />matter related to Employee's employment with the City or the termination of such employment.
<br />Nothing herein, however, shall prevent Employee from enforcing the provisions of this Agreement.
<br />7. Employee will not seek to challenge the validity of this Agreement and will hold the
<br />City, and its commissioners, agents, and Employees harmless from and against any and all claims
<br />for damages, judgments, court costs, attorneys fees, or expenses asserted against the City, its
<br />commissioners, agents, and Employees, as a result of or in connection with any proceeding brought
<br />by Employee, his heirs, representatives, successors, assigns, attorneys, or other persons under his
<br />control contrary to this paragraph.
<br />8. The parties expressly understand and agree that this Agreement is in full accord,
<br />satisfaction and discharge of any and all claims by Employee against the City, its commissioners,
<br />agents, or Employees of the City and that this Agreement has been executed with the express
<br />intention of extinguishing all obligations the City has to Employee, except as provided herein, and
<br />all claims and rights that Employee has or could assert against the City and /or its commissioners,
<br />agents or Employees of the City.
<br />9. (A) Employee acknowledges that he has read each and every paragraph of this
<br />Agreement and that he understands his respective rights and obligations and has been advised that
<br />he can consult an attorney of his choice. Further, Employee acknowledges that he has the
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<br />GENERAL ACKNOWLEDGMENT, WAIVER, AND RELEASE AGREEMENT
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