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10. Takens shall execute and file a Request for Dismissal <br />with prejudice of Alameda County Superior Court Case No. V- <br />003564-0, and any other documents necessary to dismiss that <br />pending civil action, all in accordance with the terms of this <br />Agreement. <br /> <br /> 11. Takens and the PCEA shall execute and file a written <br />withdrawal of the pending grievance against the City arising out <br />of the City's decision to terminate Takens' employment with the <br />City. <br /> <br /> 12. With respect to the matters set forth in this Statement <br />of Settlement, Takens, on behalf of herself, her heirs, <br />executors, administrators, successors or assigns, hereby releases <br />and forever discharges City and each of its past and present <br />Councilmembers, managers, officers, agents, employees, attorneys, <br />servants, consultants, affiliates, successors and assigns, and <br />each of them separately and collectively from any and all claims, <br />liens, demands, causes of action, obligations, damages and <br />liabilities, litigation costs, expenses and attorneys' fees known <br />or unknown, that Takens ever had, now has or may hereafter claim <br />to have against the City. <br /> <br /> 13. Takens expressly waives her right (a) to contest or <br />appeal the dismissal of the civil action, (b) to seek further <br />damages or relief against the City arising out of her <br />termination, or (3) to seek further benefits in the workers' <br />compensation proceedings, except as otherwise provided by law. <br /> <br />- 4 - <br /> <br /> <br />