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Last modified
12/21/2020 3:40:23 PM
Creation date
12/21/2020 2:13:32 PM
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Contracts
Company Name
DANIELLE MARTINEZ
Contract #
N-2020-219
Agency
City Attorney's Office
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hereby forever releases and dismisses with prejudice any and all rights to and claims for the <br />recovery of such costs, pursuant to the authority, set forth In DeSaulles, supra. <br />3. Waiver <br />It Is further understood and agreed that all rights under Section 1542 of the Civil Code of <br />California and any similar law of any state or territory of the United States are hereby <br />EXPRESSLY WAIVED. Said section reads as follows: <br />1542. GENERAL RELEASE; EXTENT, A GENERAL RELEASE DOES NOT <br />EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR <br />SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE <br />RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY <br />AFFECTED HIS SETTLEMENT WITH THE DEBTOR," <br />RELEASOR hereby declares and represents that the injuries sustained are or may be <br />permanent and/or progressive and that recovery therefrom is uncertain and indefinite. In <br />making this Settlement Agreement and Release, it Is understood and agreed, that <br />RELEASOR relies wholly upon her Judgment, belief and knowledge of the nature and extent <br />and duration of said injuries and liability therefore. It is further understood and agreed that <br />this Settlement Agreement and Release is made without reliance upon any statement or <br />representation of the RELEASEES, Its attorneys, or any physician or other health care <br />provider employed or affiliated with RELEASEES, <br />RELEASOR further declares and represents that no promise, Inducement or agreement not <br />herein expressed has been made to RELEASEES, and that this Settlement Agreement and <br />Release contains the entire agreement between the RELEASOR and RELEASEES, and <br />that its terms are contractual and not a mere recital. <br />4. Final Compromise; No Admissions <br />The RELEASOR acknowledges that the RELEASEES disputes the allegations of the <br />Complaint, and the subject of the claim, and they agree that neither the payment of the <br />consideration provided for by this Agreement and the Release by or on behalf of the <br />RELEASEES, nor the negotiations for the settlement (including all statements, admissions, <br />or communications by the RELEASEES and its attorneys or representatives) by or on behalf <br />of said RELEASEES shall be considered an admission by the RELEASEES of any <br />wrongdoing on the part of the RELEASEES, and no admission shall be implied by such <br />payment or negotiations. <br />RELEASOR specifically waives and relinquishes any and all rights, actions, causes of <br />action, claims, demands, damages, costs, losses, expenses, and compensation which are in <br />any fashion based upon the principles set forth in the cases of Royal Globe Insurance Co v <br />Superior Court Rodriquez v Fireman's Fund, and their progeny, and/or any law or statute <br />of the State of California and/or United States of America. <br />00210006.1 <br />
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