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ZAPIEN, MARTHA; TECHNOLOGIC INSTITUTE OF SOUTHER CA. INC. DBA CA. PREMIERCOLLEGE INC.; ZAPIEN, JONATHAN
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ZAPIEN, MARTHA; TECHNOLOGIC INSTITUTE OF SOUTHER CA. INC. DBA CA. PREMIERCOLLEGE INC.; ZAPIEN, JONATHAN
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6/2/2021 10:53:24 AM
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6/2/2021 10:49:25 AM
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ZAPIEN, MARTHA; TECHNOLOGIC INSTITUTE OF SOUTHER CA. INC. DBA CA. PREMIERCOLLEGE INC.; ZAPIEN, JONAT
Contract #
N-2021-120
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City Attorney's Office
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H. The Parties all agree to waive any claim for costs (other than those specified in this <br />Agreement) and any claim for attorney's fees resulting from this Action or the Cross - <br />Complaint. <br />Plaintiffs and Cross -Defendants represent that, with the exception of this Action and the <br />government tort claim associated therewith, t h e y have not filed any complaints, <br />claims, or actions against Defendants including any of their respective officers, agents, <br />directors, supervisors, employees, or representatives with any state, federal, or local <br />agency or court and that they will not do so at any time hereafter as it relates to this <br />Action or the Cross -complaint and that if any agency or court assumes jurisdiction of <br />any complaint, claim, or action against Defendants on Plaintiffs' or Cross -Defendants' <br />behalf, Plaintiffs and Cross -Defendants will direct that agency or court to withdraw and <br />dismiss the matter with prejudice. <br />4. The Parties hereby agree to waive all rights tinder Section 1542 of the Civil Code of the <br />State of California. 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 />Initials _ <br />Name of Party <br />Martha Zapien, Plaintiff/Cross- <br />Defendant <br />Technologic Institute of Southern <br />Califorma Inc. dba California Premier <br />College, Cross -Defendant <br />Jonathan Zapien, individually, Cross - <br />Defendant <br />w <br />_ <br />Jonathan 7,apien, Trustee of SA <br />lntervivos Trust, Cross -Defendant <br />S. Notwithstanding the provi tons of Civil Code section 1542, each party hereby <br />irrevocably and unconditionally releases and forever discharges each other party and each <br />and all of its officers, agents, directors, supervisors, employees, representatives, and its <br />successors and assigns and all persons acting by, through, under, or in concert with each <br />other party from any and all charges, complaints, claims, and liabilities of any kind or <br />nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to <br />as "claim" or "claims") which each releasing party at any time heretofore had or claimed <br />to have or which each releasing party at any time hereafter may have or claim to have, <br />incidental to the incident(s) which form the basis of the Action. <br />6. 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 <br />that they understand every provision of this Agreement, that they understand that in <br />agreeing to this document they are releasing each party hereby from any and all claims <br />they may have against each party released, that they voluntarily agree to all the terms <br />set forth in this Agreement, that they knowingly and willingly intend to be legally <br />
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