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responsibility and cost for filing the Request for Dismissal, but will do so only after Plaintiff's receipt of the
<br />above check.
<br />5. Plaintiff understands, acknowledges, and agrees that the foregoing monetary amount represents
<br />a fill and complete settlement of Plaintiffs claims for all damages alleged in the Action against Defendant.
<br />6. Plaintiff and Defendant agree that this Agreement constitutes full and complete
<br />settlement of all claims made against Defendant in this Action. Plaintiff will not seek any further
<br />compensation for any other claimed damages, costs, or attorney's fees in connection with the matters
<br />encompassed in this Agreement.
<br />7. Plaintiff understands, acknowledges, and agrees that Defendant has made no
<br />representations regarding the tax consequences of any amounts received pursuant to this Agreement.
<br />Plaintiff agrees that she and she alone is liable for all taxes, if any, which are owed by her on any
<br />amount received hereunder including interest and penalties. Plaintiff will hold Defendant harmless from
<br />any and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on
<br />amounts owed by her,
<br />8. Plaintiff represents that, with the exception of this Action and the government tort claim
<br />associated therewith and submitted to the City of Santa Ana, she has not filed any complaints,
<br />claims, or actions against Defendant including any of its officers, agents, directors, supervisors,
<br />employees, or representatives of Defendant with any state, federal, or local agency or court and that
<br />he/she will not do so at any time hereafter as it relates to this Action and that if any agency or court
<br />assumes jurisdiction of any complaint, claim, or action against Defendant on Plaintiff's behalf,
<br />Plaintiff will direct that agency or court to withdraw and dismiss the matter with prejudice,
<br />9, The Parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the
<br />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 or
<br />suspect to exist in his or her favor at the time of executing the release, which if
<br />known by him or her must have materially affected his or her settlement with the
<br />debtor."
<br />10. Notwithstanding the provisions of Civil Code section 1542, each party hereby
<br />irrevocably and unconditionally releases and forever discharges each other party and each and all of its
<br />officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and
<br />all persons acting by, through, under, or in concert with each other party fi-om any and all charges,
<br />complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or
<br />unsuspected (hereinafter referred to as "claim" or "claims") which each releasing party at any time
<br />heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim
<br />to have, incidental to the incident(s) which form the basis of the Action.
<br />11. Each person signing below represents that he/she has reviewed all aspects of this
<br />Agreement, that the Agreement has been carefidly read and fully explained to them and that they
<br />understand every provision of this Agreement, that they understand that in agreeing to this document
<br />they are releasing each party hereby from any and all claims they may have against each party released,
<br />that they voluntarily agree to all the terms set forth in this Agreement, that they knowingly and
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