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the parties to this Agreement to fully, finally and forever settle and mutually release all matters, and all claims relative thereto, which do now exist, tnay'exist, or heretofore have existed between them specifically related to the INCIDENT and/or CIVIL: ACTION more fullydescribed; above, as well as any other claims which tnayarise out of said INCIDENT or CIVIL ACTION including, but not limited to malicious prosecution, In Wrtheranceof this express intention, the releases given herein shall be and remain. in effect as full and.complete mutual releases of all such matters notwithstanding the discovery or existence of any additional or different claims or facts relative thereto, 4. This Agreement is a FULL AND FINAL RELEASE applying to all known, unknown And unanticipated injuries, claims or damages arising out of or in any way connected with or resulting £rorri TIE INCIbPNT and/or the CIVIL ACTION more fully described above, All parties to this Agreement EXPRESSLY AND INTENTIONALLY WAIVE all rights and benefits which they now have or in the future may have under the terms of Section 1542 of California's Civil Code and any similar law of any state or territory of the United States as related to matters specifically arising from T1IE INCIDENT and/or the CI',M ACTION more fully described above, California Civil Code section 1542provides; A general release does not extend to claims that the creditor or releasing party does'not know or suspect to exist in his or her favor at the time of executing the release and that, ifknown by him or her, would have materially affected his or her settlement with the debtor or released party. 5. RELEASOR agrees to waive and forego his rights to commence, and/or engage in further proceedings including, without limitation, filing administrative, and/or legal claims against RELEASEES in or arising out of the CIVIL, ACTION. 6, RELEASOR further represents and warrants that he is responsible for any and all outstanding liens from any lien holders or other interested third parties who have perfected and/or asserted any interest in any of the sums contemplated to be paid by the tennis of this Agreement. Should such claims be made by any attorney, healthcare provider, or any other interested third party as against RELEASEES and/or PETTIT KOHN INGRASSIA LUTZ & DOLIN PC and CITY OF SANTA ANA as a result of monies.pold pursuant to this Agreement, RELEASOR represents and warrants that he will fully defend, fully indemnify, and fully hold harmless RELEASEES and/or PETTIT KOEN INGRASSIA LUTZ & DOLIN PC and CITY OF SANTA ANA as against any such claims made as a result of the INCIDENT and/or this Settlement Agreement and Release. RELEASEES and/or PETTIT KOI3N INGRASSIA LUTZ & DOLIN PC and CITY OF SANTA ANA, shall be entitled to select counsel of choice to defend any such action contemplated by this provision. Attorneys' fees and costs incurred by any counsel of �of9 Plaintiff Initial General Releawand Settlement Agreement COLQYMOIWN V. CITY OFMURRIETA Pettit kohn RoNo, 323-7137 ClientReNo,: L•099-1023537