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(c) City represents that, with the exception of the Action, it has not filed
<br />any complaints, claims, or actions against Union Pacific including any of its officers, agents,
<br />directors, supervisors, employees, or representatives with any state, federal, or local agency or
<br />court and that it will not do so at any time hereafter as it relates to the Action. City further
<br />represents that if any agency or court assumes jurisdiction of any complaint, claim, or action
<br />against U n i o n P a c i f i c on its behalf, City will direct that agency or court to withdraw and
<br />dismiss with prejudice the matter.
<br />(d) Union Pacific represents that, with the exception of the Action, it has not
<br />filed any complaints, claims, or actions against City, including any of its officers, agents,
<br />directors, supervisors, employees, or representatives with any state, federal, or local agency or
<br />court and that it will not do so at any time hereafter as it relates to the Action. Union Pacific
<br />further represents that if any agency or court assumes jurisdiction of any complaint, claim, or
<br />action against C it y on Union Pacific's behalf, it will direct that agency or court to withdraw
<br />and dismiss with prejudice 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
<br />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 parry and each and
<br />all of its officers, agents, directors, supervisors, employees, representatives, and its successors
<br />and assigns and all persons acting by, through, under, or in concert with each other party from
<br />any and all charges, complaints, claims, liens (including but not limited to, Medicare liens), and
<br />liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected
<br />(hereinafter referred to as "claim" or "claims") which each releasing party at any time heretofore
<br />had or claimed to have or which each releasing party at any time hereafter may have or claim to
<br />have, incidental to the incident(s) which form the basis of the Action.
<br />SIXTH: The Parties hereto represent that they have reviewed all aspects of this
<br />Agreement, that the Agreement has been carefully read and fully explained to them and that
<br />they understand every provision of this Agreement, that they understand that in agreeing to
<br />this document they are releasing each party hereby from any and all claims they may have against
<br />each party released, that they voluntarily agree to all the terms set forth in this Agreement,
<br />that they knowingly and willingly intend to be legally bound by the same, that they were
<br />given the opportunity to consider the terms of this Agreement and discussed them with legal
<br />counsel. The Parties hereby warrant that they have the authority to enter into this Agreement and
<br />bind the party for whose benefit they execute this Agreement.
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