FULL AND FINAL GENERAL RELEASE, WAJVER, AND SETTLEMENT AGREEMENT d This. Full and Final General Release, Waiver, and Settlement Agreement ("Agreement") is made ;~;.~tred into by a nd between Oscar Salinas ('"Employee") andAgua Special Utility District. ("Agua Binding Recitals I. Employee was employed by Agua SUD from on or about ~SIZ7/1 .s until ~7 /1r/!7 2. With out the advice or co1,sen1of Agua SUD SB 814 became law. This law forbids the continued employment of Employee. Despite Agua SUDs notice to State Legislators that the passage of SB 8!4 would affect the constitutional and contractual rights of multiple employees, the legislators saw fit to place Agua SUD and its employee in this conflict. 3. On Ju_ne 1~ 2017 Employee by and through his attorney submitted a letter demanding compliance with the terms of his negotiated contract for employment. 4. On July 5th 2017 Agua SUD passed a resolution to authorize it's executive director to resolve the employment issues which resulted from the passage of SB 814. potential parties commenced. Negotiation between the 5. Both parties understand that this is a sensitive issue which can have negative financial consequences for each party. As such Both parties agree to keep the negation and terms of the settlement confidential so as not to hinder the future negotiating ability of Agua SUD with other employees. Parties also understand that the personal rights Employee are also affected by this agreement and the future employability of this Employee could be hindered by the release of this infonnation. 6. Both Parties agree that under the Supreme Court decision of Boeing Co. v, Paxton and related case law, and Sections 552. I01, 552. l 02, 552. 103, 552.104, 552.107, 552.110, and related sections of the Texas Government Code the contents of this settlement do not meet the definition of public information and/or are excepted from disclosure. 7. Employee and Agua SUD desire that they resolve all issues in dispute between them with out the cost of lengthy litigation. NOW, THEREFORE. inconsideration of the covenants and promises contained herein and the valuable consideration paid under this Agreement, the _receiptadequacy, and sufficiency of which is hereby acknowledged, the parties knowingly and voluntarily agree as follows: Agreements 8. Settlement Amount. As consideration for this agreement, Agua SUD agrees to pay or have paid to Employee in full and final settlement of Employee's claims, the gross sum of TWO/ HUNDRED SIXTY TWENTY ONE DOLLARS AND N0/100THS DOLLARS ($221,000.00), said sum wUI be delivered seven days after the Employee signs this agreement and doe~ n~t revoke his signature. Employee understands _that th~t the ~ettleme_ntAmount payable to him ,s ta abl · d applicable wees and withholding will be withheld as they would under n:rma~ mco~;;k:n The Net proceed a able to Em lo ee is ON6 I IUNDR:ED EIGH'f'f NINE ~ TH payc . L A D SEVENTY FIVE , . ) Employee is responsible for the payment of any legal fees or costs. Page I of4 9. Rtl~ast_s. . 1.n exchange for the sum payable and other obligations under this Agreement, the mdiv~d_uall~ and on behalf of their family, heirs, administrators, executors and assigns, h taled entities, insurers, and attorneys, hereby forcvet release, acquit, discharge, waive and oId harmless each other and their affiliated entities predecessors, succe~ors, subsijjiaries.,and past and presen_t employ~s officers, directors, part~crs. managing members, attorneys, assigns,. :nd representatives, cv_en.''. not e~pressly named herein (collectively "the Relea~ed _Parties")of nd from any and ~II hab1lity, claims, causes of action, suits, damages, debts obligations, wages covena~ts, w~rra_nttcs,and demands. of any kind, nature or description whatsoever, whether at ~awor m equity, in contract or in tort (including or not limited to claims for wrongful tennination, reach of con~ract, ~ promissory estoppel), arising under federal or state common law or Slatulory law {including but not limited to discrimination and retaliation under the Texas Labor Code, Title VII of the. Civil Rights Act of 1964 and the federal Age Discrimination in Employment Act~ known or unknown, liquidated or unliquidated, direct or indirect, due or to become due, ~ontmgent or otherwise, that either party has or may haveor may have had or could have had against the other party, including but not limited to all claims based upon, arising from, related to or conne 7ted with Employee's employment with or termination of employment from Agua SUD, all_claims which Employee brought or could have brought in a Lawsuit, and the ev_ents.transactions and occurrences connected with any or all of the foregoing chat existed, had ansen or could have existed or arisen on the effective date of this Agreement. ::;ts I 0. AD~A Rig~ts. Employee acknowledged, represents, warrants and agrees that {a) he has been advised of his ADE.A rights, (b) this Agreement aJso refers to rights under the ADEA {the federal Age Discrimination in Employment Act as amended by the Older Worker Protection Act); (c) he ~oes not wa ive rights or claims under the ADEA that may arise after the date that this Agreement 1s executed; (d) he waives rights or claims only in exchange for consideration in addition to anything of value to which he is already entitled:€ he was given at least 21 days to consider this Agreement before signing it; and (t) he was advised that for a period of seven(?) days following the execution of this agreement, he could revoke the Agreement, and the Agreement would not become effective or enforceable until the seven (7) day revocation period expired. Employee agrees that the seven day revocation period has expired and he has not revoked his signature as of the effective date of this Agreement. 11. No Admission orLiability. The parties deny all alleged liability and wrongdoing with respect to any issues between them or that were raised or could have been raised in a potential Lawsuit. The parties understand that this Agreement is made solely for the purpose of compromising disputed claims and avoiding the time and expense of litigation. It is expressly understood and agreed that nothing contained in this Agreement or the fact that the parties settled their dispute shall constitute or be treated as an admission of any wrongdoing or liability on the part of any party or that any party has established any liability, all of which are expressly denied by the parties. I 2. Voluntary Settlement. The Pa,rties represent,_warrant, and _agreethat they have executed this Agreement knowingly, voluntarily, ~nd of the1: own free will. and act. Employee represents, warraJ1tsand agrees that he had a_fa1r opportunity to cons~lt with legal counsel _abou~settlement and this Agreement. The parties in.tend to be bo~md_by_this Agreement ~nd their rec1_tals,terms, conditions, and representations. This Agreement as bmdtng upon the parties and shall inure to the benefit of the parties. 13. Other Representations. Employee ~presents, warrants and a~ree~ that, except _asexpressly_set forth herein, no representation or promises, whether ex~ressed, n~1phedor otherwise, _of~y km~. nature or descr iption whatsoever have been made to him as a~ inducement to entering into this Agreement Employee represents, warrants and agrees that he 1s the sole and complete owner of the claims · that he has waived and released herein, and that he has not assigned. convey~. transferred or encumbered in any manner whatsoever any of such claims. All pnor Page2 of4 understandings_ and agreements between the parties hereto , if any. are merged into and with !his agreement , which_fuJly, completely and accurately states and expresses their entire understand ing and agreemen_l with regard to the subject matter of the Agreement This Agreement shall not be construed against the drafter. 14. Severability. The representation, warranties covenants and obligations contained herein are severable and shall survive the Cl Y\ , known to me to be the son whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the sam e for the purposes and consideration therein expressed and in the capacities therein stated and with the autho rity of and as the act and deed o g UD Emanuel of lien, Inc. ~ \~ \ /~~-·· ··-~:,.\ N i : : ~l;;;S$l ''''" "'" = f PAMELAS. PEREZ St , otary Pub lic My Commi~sio~l~t -Tellas Aprfl 07. 2018pires I NOTARY PUBLIC FOR THE STA OF TEXAS