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(c) Plaintiff acknowledges and agrees that Defendant has made no <br />representations regarding the tax consequences of any amounts received pursuant to this <br />Agreement. Plaintiff agrees that she and she alone is liable for all taxes, if any, which are owed <br />by her on any amount received hereunder including interest and penalties. Plaintiff will hold <br />Defendant harmless from any and all claims made by federal, state, or local taxing authorities or <br />lien holders who identify liens for amounts owed by Plaintiff related to the facts that gave rise to <br />this Action. <br />THIRD: Plaintiff represents that, with the exception of this Action and the government tort <br />claim associated therewith and submitted to the City of Santa Ana, she has not filed any <br />complaints, claims, or actions against Defendant including any of its officers, agents, directors, <br />supervisors, employees, or representatives of Defendant with any state, federal, or local agency or <br />court and that they will not do so at any time hereafter as it relates to this Action and that if any <br />agency or court assumes jurisdiction of any complaint, claim, or action against Defendant on <br />Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss with prejudice <br />the matter. <br />FOURTH: The parties hereto hereby agree that all rights under Section 1542 of the Civil <br />Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: <br />"A general release does not extend to claims which the creditor does not know <br />or suspect to exist in his or her favor at the time of executing the release, which <br />if known by him or her must have materially affected his or her settlement with <br />the debtor." <br />FIFTH: Notwithstanding the provisions of Civil Code section 1542, each party hereby <br />irrevocably and unconditionally releases and forever discharges each other party and each and all <br />of its officers, agents, directors, supervisors, employees, representatives, and its successors and <br />assigns and all persons acting by, through, under, or in concert with each other party from any and <br />all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, <br />suspected or unsuspected (hereinafter referred to as 'claim" or "claims") which each releasing party <br />at any time heretofore had or claimed to have or which each releasing party at any time hereafter <br />may have or claim to have, incidental to the incident(s) which form the basis of the Action. <br />SIXTH: Each person signing below represents that he/she has reviewed all aspects of this <br />Agreement, that the Agreement has been carefully read and fully explained to them and that they <br />understand every provision of this Agreement, that they understand that in agreeing to this <br />document they are releasing each party hereby from any and all claims they may have against each <br />party released, that they voluntarily agree to all the terms set forth in this Agreement, that they <br />knowingly and willingly intend to be legally bound by the same, that they were given the <br />opportunity to consider the terms of this Agreement and discussed them with legal counsel. Each <br />party hereby warrants that they have the authority to enter into this Agreement and bind the party <br />for whose benefit they execute this Agreement. <br />Page 2 of 4 <br />