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r ~ .... signed this Agreement; however, this provision does not prohibit Employee from filing a lawsuit for the sole purpose of enforcing her rights under this Agreement, from enforcing rights which may arise subsequent to her signing this Agreement, from enforcing or securing any rights which may arise subsequent to her signing this Agreement, or from enforcing or securing any rights provided her under the ADEA which may not be legally waived. 5. Emplovee's Understandine: of Ae:reement; Consultation with Attornev. The Employee represents that A) she has carefully read and fully understands all the provisions of this Agreement, and that she is signing it voluntarily; B) the City has advised her to consult with an attorney for advice regarding the effect of this Agreement prior to signing it, and C) she fully understands her right to discuss this Agreement with an attorney of her choice and that she has had adequate opportunity to do so. 6. Severability. The provisions of this Agreement are severable, that is, they may be considered separately. If any paragraph is found by a court to be unenforceable, the other paragraphs will remain fully valid and enforceable. 7. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue shall be in Hays County, Texas for any dispute under this Agreement. 8. Entire Ae:reement. This Agreement sets forth the entire agreement between the Employee and the City related to the Employee's separation from employment with the City, and it supersedes the Employment Agreement between the Employee and City dated March 21, 2005. 9. NOTICE TO EMPLOYEE. THIS AGREEMENT INCLUDES A RELEASE AND WAIVER OF LEGAL RIGHTS AND CLAIMS, INCLUDING CLAIMS UNDER THE ADEA. City of San Marcos ~;n;) 5f~A'~ J a9i'S Womack p.. :s / . 0 t Date Date 2