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<br />a. Release and Waiver of Riehts. The Employee irrevocably and unconditionally <br />releases the City and the other Released Parties from any and all claims, complaints, liabilities, <br />damages, causes of action, suits, rights, costs, and expenses (including attorneys' fees) from any <br />and all age discrimination and/or retaliation claims under the ADEA. <br /> <br />b. Covenant Not to Sue. Employee agrees that he will not bring any legal action <br />against the Released Parties for any claim under the ADEA which existed prior to the time he <br />signed this agreement; however, this provision does not prohibit Employee from filing a lawsuit <br />for the sole purpose of enforcing his rights under this agreement, from enforcing rights which <br />may arise subsequent to his signing this agreement, from enforcing or securing any rights which <br />may arise subsequent to his signing this agreement, or from enforcing or securing any rights <br />provided his under the ADEA which may not be legally waived. <br /> <br />6. Employee's Understandine of Aereement; Consultation with Attorney. The <br />Employee represents that A) he has carefully read and fully understands all the provisions of this <br />agreement, and that he is signing it voluntarily; B) the City has advised him to consult with an <br />attorney for advice regarding the effect of this agreement prior to SIgning it, and C) he fully <br />understands his right to discuss this agreement with an attorney of his choice and that he has had <br />adequate opportunity to do so. <br /> <br />7. City Indemnification. The City acknowledges its obligation to indemnify the <br />Employee under San Marcos City Code Section 2.374, and the Employee acknowledges his <br />obligation to cooperate with the City in defense of claims in accordance with that Section. These <br />obligations will survive the expiration of this agreement. <br /> <br />8. Severability. The provisions of this agreement are severable, that is, they may be <br />considered separately. If any paragraph is found by a court to be unenforceable, the other <br />paragraphs will remain fully valid and enforceable. <br /> <br />9. Applicable Law and Venue. This agreement shall be governed by and construed in <br />accordance with the laws of the State of Texas. Venue shall be in Hays County, Texas for any <br />dispute under this Agreement. <br /> <br />10. Entire Aereement. This agreement sets forth the entire agreement between the <br />Employee and the City related to the Employee's retirement from employment with the City, and <br />it supersedes the Employment Agreement between the Employee and the City dated March 21, <br />2005. <br /> <br />11. NOTICE TO EMPLOYEE. THIS AGREEMENT INCLUDES A RELEASE AND <br />WAIVER OF LEGAL RIGHTS AND CLAIMS, INCLUDING CLAIMS UNDER THE ADEA. <br /> <br />2 <br />