CASTREJON, GILBERT (2) - Laserfiche WebLink

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3.5 Release by Plaintiff — Plaintiff and his or her Related Persons, and each of them, each hereby forever release and discharge Defendants and their Related Persons, and each of them, from and against any and all Claims arising out of or in any way pertaining to: (1) the Action; (2) the Incident; and (3) the Incident Location, 3.6 Release by the City of Santa Ana — The City of Santa Ana and its Related Persons, and each of them, each hereby forever release and discharge The City of Orange and its Related Persons, and each of them, from and against any and all Claims arising out of or in any way pertaining to: (1) the Action; and (2) the Incident. 3.7 Release by The City of Orange — The City of Orange and its Related Persons, and each of them, each hereby forever release and discharge the City of Santa Ana and its Related Persons, and each of them, from and against any and all Claims arising out of or in any way pertaining to: (1) the Action; and (2) the Incident. 4. WAIVER. It is understood and agreed by Plaintiff, his or her Related Persons and each of them, that all rights or benefits under Section 1542 of the California Civil Code are hereby expressly waived, including those relating to waiving and releasing all claims, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which in any way relate to the Action, or the Incident and the matters released in this Agreement. Section 1542 provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER.FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Plaintiff and his or her Related Persons, and each of them, acknowledge that they may hereafter discover claims or facts in addition to or different from those which they now know or believe to exist with respect to the subject matter of this Agreement and which, if known or suspected at the time of executing this Agreement, may have materially affected this settlement. Nevertheless, Plaintiff and his or her Related Persons, and each of them, hereby waive any rights, Claims or causes of action that might arise as a result of such different or additional claims or facts. Plaintiff and his or her Related Persons acknowledge that they understand the significance and consequence of such release and such specific waiver of Section 1542. 5. REPRESENTATIONS, WARRANTIES.AND COVENANTS NOT TO SUE. The Parties on behalf of themselves and their Related Persons covenant and agree never to commence and/or prosecute against each other or their Related Persons, any legal action and/or other proceeding based in whole or in part upon the Claims, demands, cause of action, obligations, damages and/or liabilities release in this Agreement (except as necessary to enforce this Agreement). This Agreement may be pled as a full and complete defense to any action or other proceeding, as a basis for abatement of, or injunction against, such action. NI