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(c) Plaintiffs acknowledge and agree that Defendants have made no
<br /> representations regarding the tax consequences of any amounts received pursuant to this Agreement.
<br /> Plaintiffs agree that he/she and he/she alone is liable for all taxes, if any, which are owed by he/she on
<br /> any amount received hereunder including interest and penalties. Plaintiffs will hold Defendants harmless
<br /> from any and all claims made by federal, state, or local taxing authorities or lien holders who identify
<br /> liens for amounts owed by Plaintiffs related to the facts that gave rise to this Action.
<br /> THIRD: Plaintiffs represent that, with the exception of this Action and the government tort claim
<br /> associated therewith and submitted to the City of Santa Ana, he/she has not filed any complaints,
<br /> claims, or actions against Defendants including any of its officers, agents, directors, supervisors,
<br /> employees, or representatives of Defendants with any state, federal, or local agency or court and that they
<br /> will not do so at any time hereafter as it relates to this Action and that if any agency or court assumes
<br /> jurisdiction of any complaint, claim, or action against Defendants on Plaintiffs' behalf, Plaintiffs will
<br /> direct that agency or court to withdraw and dismiss with prejudice the matter,
<br /> : The Parties hereto hereby agree that all rights under Section 1542 of the Civil Code
<br /> 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 or
<br /> suspect to exist in his or her favor at the time of executing the release, which if known
<br /> by him or her must have materially affected his or her settlement with 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 of its
<br /> officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and
<br /> all persons acting by, through, under, or in concert with each other party from any and all charges,
<br /> complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or
<br /> unsuspected (hereinafter referred to as "claim" or "claims") which each releasing party at any time
<br /> heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim
<br /> to have, incidental to the incident(s) which form the basis of the Action,
<br /> $IXThj: 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 document
<br /> they are releasing each patty hereby from any and all claims they may have against each party released,
<br /> that they voluntarily agree to all the terms set forth in this Agreement, that they knowingly and
<br /> willingly intend to be legally bound by the same, that they were given the opportunity to consider
<br /> the terms of this Agreement and discussed them with legal counsel, Each party hereby warrants that they
<br /> have the authority to enter into this Agreement and bind the party for whose benefit they execute this
<br /> Agreement.
<br /> SEVENTH: The Patties hereto represent and acknowledge that in executing this
<br /> Agreement they do not rely and have not relied upon any representation or statement made by any
<br /> of the parties or by any of the parties' agents, attorneys, or representatives with regard to the subject
<br /> matter, basis, or effect of this Agreement or otherwise, other than those specifically stated in this
<br /> Agreement.
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