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<br />former employees, and its current and former agents, representatives, insurers, attorneys,
<br />and other affiliates from any and all liability for any and all damages, actions, or claims,
<br />regardless of whether they are known or unknown, direct or indirect, asserted or
<br />unasserted, that arise out of or relate to any action, decision, event, fact, or circumstance
<br />occurring before Employee signs this Agreement. Employee understands and agrees that
<br />by signing this Agreement she is waiving and releasing any and all claims, complaints,
<br />causes of action, and demands of any kind that are based on or arise under any federal or
<br />state law, including but not limited to the federal constitution, the state constitution, and
<br />any federal or state statute, regulation, rule, or common law.
<br />
<br />7. Claims Not Waived. By signing this Agreement, neither the City nor Employee is
<br />releasing or waiving any rights or claims that are based solely on events that occur after
<br />this Agreement is signed, or any right to institute legal action for the purpose of enforcing
<br />this Agreement. Additionally, Employee does not waive the following: (a) any right to
<br />apply for unemployment compensation benefits; (b) any claims arising under the
<br />r (c) any right to file a charge with a governmental
<br />agency, including the Equal Employment Opportunity Commission, although Employee
<br />agrees that she will not be able to recover any award of compensation, damages, or any
<br />other monies if she files a charge or complaint or has a charge or complaint filed on her
<br />behalf with any federal, state, or local government agency.
<br />
<br />8. Revocation Under the ADEA. Employee recognizes that by signing this Agreement she
<br />is waiving and releasing any employment discrimination, retaliation, or other claims that
<br />she might have under the
<br />Employee signs this Agreement, she will have twenty one (21) calendar days to revoke
<br />her waiver and release of any claims arising under the ADEA. This right of revocation
<br />applies only to claims arising under the ADEA. For a revocation of claims under the
<br />ADEA to be effective, it must be delivered to City Administrator Cal Portner, either
<br />personally or by United States mail within the twenty one-day period. If delivered by
<br />mail, the revocation must be postmarked within the twenty one-day period, properly
<br />addressed to Cal Portner, City Administrator, Elk River City Hall, 13065 Orono Parkway
<br />NW, Elk River MN 55330-5600 and sent by certified mail, return receipt requested.
<br />
<br />9. Rescission Under the MHRA. Employee recognizes that by signing this Agreement she
<br />is waiving and releasing any employment discrimination and retaliation claims that she
<br />might have under the the MHRA
<br />(Minnesota Statutes §363A.31), Employee has the right to rescind her release of claims in
<br />writing within fifteen (15) calendar days after signing it. This right of rescission applies
<br />only to any claims arising under the MHRA. For a rescission of claims arising under the
<br />MHRA to be effective, it must be delivered to City Administrator Cal Portner, either
<br />personally or by United States mail within the fifteen-day period. If delivered by mail,
<br />the rescission must be postmarked within the fifteen-day period, properly addressed to
<br />Cal Portner, City Administrator, Elk River City Hall, 13065 Orono Parkway NW, Elk
<br />River MN 55330-5600 and sent by certified mail, return receipt requested.
<br />
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<br />Agreement and Release of Claims
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