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emotional distress, constructive discharge, claims under the City's employee handbook, or any actions arising from discussions in efforts to negotiate this Agreement. In consideration of the Settlement Amount referenced in Paragraph 1, Sommer further acknowledges that he is knowingly and voluntarily waiving all possible rights or claims arising under: the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A; Equal Employment Opportunity Act; Americans with Disabilities Act of 1990, as amended; Age Discrimination in Employment Act; Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e—e-17; Family and Medical Leave Act, 29 U.S.C. §§ 2601-54; Americans with Disabilities Act, 42 U.S.C. § 12101-117; the Rehabilitation Act of 1973, 29 U.S.C. § 701-96i; the Public Employment Labor Relations Act, Minn. Stat. §§ 179A.01-.30; the Minnesota Occupational Health and Safety Act, Minn. Stat. §§ 182.65-.676; the Minnesota Whistleblower Act, Minn. Stat. §§ 181.931-.935; and the state and federal Fair Labor Standards Acts, 29 U.S.C. §§ 201-19, Minn. Stat. §§ 177.21-.35 and Minn. Stat. § 471.61. Sommer acknowledges that he has had an opportunity to consult with an attorney concerning the waiver and content of the rights available under these laws. It is specifically understood that the aforementioned Release is intended to include only those claims arising from any conduct, event, or transaction occurring prior to the date of this Agreement and intended to include any and all claims for unknown injuries and/or damages, unanticipated injuries and/or damages, and unexpected consequences of injuries and/or damages. Sommer further acknowledges that he fully understands the terms of this Settlement Agreement and Release of Claims, that pursuant to the Age Discrimination in Employment Act, he has had 21 days to consider it and seek the advice of his attorney and/or financial advisor, and that he is signing it freely and voluntarily. Sommer understands that if he signs this Agreement and Release prior to the expiration of the 21-day period, that act constitutes a waiver of his right to consider the Agreement for 21 days. 5. Representation by Counsel. Sommer represents to the City that he has had an opportunity to consult counsel of his choosing with respect to this Agreement and all matters covered by and relating to it. Sommer further agrees and represents that he has not received or relied upon any advice or representations by the City or the City's counsel in entering into this Agreement. The Agreement shall be binding upon Sommer and his attorneys and inure to the benefit of the City and its respective successors, assigns, subsidiaries, heirs, executors,personal representatives, and agents. 6. No Admission of Liability. The parties understand and agree that this Agreement is a compromise of disputed claims and that any promises or payments made pursuant to this Agreement are not be construed as an admission of liability on the part of any of the parties. 7. Voluntary and Knowing Action. The parties acknowledge that they have thoroughly read and understand the terms of the Agreement, and that they are voluntarily entering into the Agreement to resolve the matter. 8. Rescission/Revocation. This Agreement is subject to the following rescission/revocation periods as provided by law: Act Revocation Period Age Discrimination in Employment Act, 7 days 29 U.S.C. § 626(f) (1) (G) 493529v3 AMB MU210-111