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forth in Paragraph 4 below, Rita Ellen Hardin * * * does
hereby completely release and forever discharge * * * [State
Farm] * * * from any claim * * * or liability of any and
every kind based on any federal, state, or local law,
statute, or regulation, excepting only claims for worker's
compensation benefits, (hereinafter "Claim") which arose
prior to the execution of this Settlement Agreement and
General Release, and which was raised, or could have been
raised in the above-captioned case, as well as any and all
Claims (including, where applicable, claims under the
federal Age Discrimination in Employment Act) arising out of
or relating to any alleged discriminatory, improper, or
unlawful act or omission of State Farm in connection with
any term or condition of employment or independent
contractor status or the process of securing or attempting
to secure employee or independent contractor status
including, without limitation, recruitment, selection,
hiring, job assignment, job transfer, training, promotion,
or termination, which arose prior to the execution of this
Settlement Agreement and General Release.
* * * * * * *
3. * * * [Petitioner] hereby agrees and promises
* * * (3) that by entering into this Settlement Agreement
and General Release, she is waiving any and all right[s] she
may have under the terms of the Consent Decree respecting
instatement or rights to any other future class relief * * *
* * * * * * *
5. It is understood and agreed that this is a full
and final General Release applying not only to all Claims
which are presently known, anticipated or disclosed to * * *
[petitioner], but also to all Claims which are presently
unknown, unanticipated, and undisclosed to * * *
[petitioner] and which may have arisen prior to the date of
execution of this Settlement Agreement and General Release.
* * * [Petitioner] hereby waives any and all rights or
benefits which she may now have, or may in the future have,
under the terms of Section 1542 of the California Civil
Code, which provides as follows:
A general release does not extend to claims which
the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if
known by him must have materially affected his
settlement with the debtor.
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Last modified: May 25, 2011