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Act, 29 U.S.C. §1001, et seq.; 42 U.S.C. §1983; and any other <br />provision of the United States Constitution or California <br />Constitution; and any action based on any common law claims for <br />contract, quasi -contract, implied contract, wrongful or <br />constructive discharge, breach of the covenant of good faith and <br />fair dealing, libel, slander, negligent or intentional infliction <br />of emotional distress, violation of public policy, fraud, or <br />deceit, which arise on or before the date of the complete execution <br />of this Agreement. <br />3. As part of the above Release, and not by way of <br />limitation, HERRON expressly waives all of his rights under Section <br />1542 of the California Civil Code. Said section states: <br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS <br />WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT <br />TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING <br />THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE <br />MATERIALLY AFFECTED THE SETTLEMENT WITH THE <br />DEBTOR." <br />In connection with such waiver and relinquishment, HERRON <br />acknowledges that he is aware that he may later discover facts in <br />addition to or different from those which he currently knows or <br />believes to be true with respect to the subject matters of this <br />Agreement, but that it is his intention hereby fully, finally, and <br />forever, to settle and release all of these matters which now <br />exist, may exist, or previously existed between the parties, <br />whether known or unknown, suspected or unsuspected. In furtherance <br />of such intent, the release given herein shall be and shall remain <br />in effect as a full and complete release, notwithstanding the <br />discovery or existence of such additional or different facts. <br />4 of 9 <br />