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5.1 In consideration for the statements, covenants, promises, obligations, dismissals,
<br />and undertakings set forth in this Agreement, CORTEZ shall and does hereby completely and
<br />forever release, absolve, acquit, relieve, and discharge EL SOL, CITY, RODRIGUEZ, and their
<br />principals, directors, officers, elected and appointed officials, attorneys in fact, management
<br />companies, shareholders, past and present employees, agents, representatives, business entities,
<br />fictitious business names, alter egos, partners, joint ventures, successors, affiliates, parent
<br />companies, member companies, subsidiaries, chartering districts, affiliated districts or
<br />educational entities (including, but not limited to the SANTA ANA UNIFIED SCHOOL
<br />DISTRICT), past and/or present students (and their parents and/or guardians, and specifically all
<br />those named as DOE and/or ROE defendants or cross -defendants in the Action), landlords,
<br />tenants, heirs, assigns, attorneys, and insurers (sometimes collectively referred to herein as
<br />"Released Parties"), from any and all claims, demands, obligations, actions, disputes,
<br />controversies, causes of action, rights, damages, judgments, orders, agreements, acts,
<br />indebtedness, liabilities, liens, promises, costs, loss of services, expenses (including, but not
<br />limited to, attorney's fees) and compensation of any kind or nature whatsoever, whether known
<br />or unknown, past or present, suspected or unsuspected, fixed or contingent, apparent or
<br />concealed, which CORTEZ now has or holds, or may have or hold, or which may hereafter
<br />accrue or otherwise be acquired, pertaining to any allegations, events, incidents, acts and/or
<br />omissions, and occurrences having taken place from the beginning of time through the date of
<br />execution of this Agreement, pertaining to, relating to, or arising out of the alleged
<br />acts/omissions that gave rise to the injuries and damages that gave rise to this settlement (i.e., the
<br />Incident and/or the Action), whether based on a tort, contract or any other theory of recovery or
<br />statute, and attorney's fees or costs, interest, punitive damages, penalties, or any other relief
<br />permitted by the California laws, or other state or federal case law or authority, and any other
<br />municipal, state, or federal statute, ordinance, or regulation, whether or not previously brought
<br />before any state or federal court or before any state or federal or any other government agency.
<br />6. Waiver of Civil Code §1542:
<br />6.1 CORTEZ represents and certifies that she has read, understands and expressly
<br />waives the following provisions of California Civil Code Section 1542:
<br />"A general release does not extend to claims which creditor does
<br />not (snow or suspect to exist in his or her favor at the time of
<br />executing the release, which if known by him or her must have
<br />materially affected his or her settlement with the debtor. "
<br />6.2 CORTEZ understands and acknowledges that the significance and consequence of
<br />this waiver of California Civil Code Section 1542 is that even if she should eventually suffer
<br />additional damages or losses from the Parties' prior interactions, or should there exist other
<br />rmdisclosed obligations or liabilities existing between them, as well as their successors or
<br />assigns, she will not be able to make any claim for those damages, losses or obligations.
<br />Furthermore, CORTEZ acknowledges that she intends these consequences even as to claims for
<br />damages, losses or obligations that may exist as of the date of this Agreement but which she does
<br />not know exist, and which, if known, would materially affect her decision, either singularly or
<br />collectively, to execute this release, regardless of the cause of her lack of knowledge.
<br />[61
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