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<br />11. Release. In consideration of the terms described in this Separation Agreement and
<br />Release of Claims, Employee, for himself, his heirs, administrators, representatives, successors, and
<br />assigns, releases and forever discharges the City and its attorneys, agents, representatives,
<br />employees, former employees, insurers, heirs, executors and assigns of and from any and all past,
<br />present or future claims, demands, obligations, actions or causes of action, at law or in equity,
<br />whether arising by statute, common law or otherwise, and for all claims for damages, of whatever
<br />kind or nature, and for all claims for attorneys' fees, costs and expenses, including but not limited to
<br />all claims of any kind arising out of the Employee's employment, including but not limited to claims
<br />for emotional distress, discrimination, constructive discharge, due process rights, the City’s
<br />personnel policies, open meeting statutes, defamation of character and the Minnesota Government
<br />Data Practices Act. In particular, Employee knowingly and voluntarily waives all possible rights
<br />or claims arising under: the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A;
<br />Equal Employment Opportunity Act; Americans with Disabilities Act of 1990, As Amended;
<br />Age Discrimination in Employment Act; Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e –
<br />e-17; Family and Medical Leave Act, 29 U.S.C. §§ 2601-54; Americans with Disabilities Act, 42
<br />U.S.C. § 12101-117; the Rehabilitation Act of 1973, 29 U.S.C. § 701-96i; the Public
<br />Employment Labor Relations Act, Minn. Stat. §§ 179A.01-.30; the Minnesota Occupational
<br />Health and Safety Act, Minn. Stat. §§ 182.65-.676; the Minnesota Whistleblower Act, Minn.
<br />Stat. §§ 181.931-.935; and the state and federal Fair Labor Standards Acts, 29 U.S.C. §§ 201-19,
<br />Minn. Stat. §§ 177.21-.35. Employee acknowledges that he has had an opportunity to consult
<br />with his attorney concerning the waiver and content of the rights available under these laws.
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<br />Pursuant to the Age Discrimination in Employment Act, the Employee was offered the
<br />opportunity of 21 days to consider this Agreement and to seek the advice of his attorney or
<br />financial advisor before signing it. Employee understands that if he signs this Agreement prior
<br />to the expiration of the 21-day period, that act constitutes a waiver of his right to consider the
<br />Agreement for 21 days. After the Employee signs the Agreement, the rescission/revocation
<br />periods set forth in paragraph 12 will become effective.
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<br />Notwithstanding the foregoing, Employee is neither releasing nor relinquishing any of the
<br />following:
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<br />a) any right to indemnification for claims resulting from his capacity as a police officer,
<br />where the City is required to defend and indemnify the Employee pursuant to
<br />Minnesota Statutes, § 471.44;
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<br />b) any outstanding claims for workers’ compensation benefits for which the Employee
<br />can establish entitlement under Minnesota Statutes, § 176.001, et seq.; and
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<br />c) any outstanding claims for Employee’s benefits from PERA, including disability
<br />benefits, if applicable.
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<br /> 12. Rescission/Revocation Period. This Agreement is subject to the following
<br />rescission/revocation periods as provided by law:
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