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6. Plaintiff acknowledges and agrees that Defendant has made no representations regarding <br />the tax consequences of any amounts received pursuant to this Agreement. Plaintiff agrees that <br />he/she and he/she alone is liable for all taxes, if any, which are owed by him/her on any amount <br />received hereunder including interest and penalties. Plaintiff will hold Defendant harmless from any <br />and all claims made by federal, state, or local taxing authorities or lien holders against Plaintiff on <br />amounts owed by him/her. <br />7. Plaintiff agrees that he/she and he/she alone will be responsible for any known or unknown <br />liens for medical care related to, or arising from, the circumstances that gave rise to the Action. <br />Plaintiff expressly agrees to hold Defendant harmless from any and all claims, if any, made by any <br />lien holders against Plaintiff on amounts owed by him/her for any kind of medical care related to, or <br />arising from, the circumstances that gave rise to the Action. <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, he/she has not filed any <br />complaints, claims, or actions against Defendant including any of its officers, agents, directors, <br />supervisors, employees, or representatives of Defendant with any state, federal, or local agency or <br />court and that he/she will not do so at any time hereafter as it relates to this Action and that if any <br />agency or court assumes jurisdiction of any complaint, claim, or action against Defendant on <br />Plaintiff's behalf, Plaintiff will direct that agency or court to withdraw and dismiss the matter with <br />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 <br />not know or suspect to exist in his or her favor at the time of executing <br />the release, which if known by him or her must have materially <br />affected his or her settlement with the 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 <br />and all of its officers, agents, directors, supervisors, employees, representatives, insurance <br />companies, any subsidiaries or affiliates of said insurance companies, attorneys, successors <br />and assigns and all persons acting by, through, under, or in concert with each other party <br />from any and all charges, complaints, claims, and liabilities of any kind or nature <br />whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" <br />or "claims") which each releasing party at any time heretofore had or claimed to have or <br />which each releasing party at any time hereafter may have or claim to have, incidental to the <br />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 carefully read and fully explained to them and that they <br />understand every provision of this Agreement, that they understand that in agreeing to this <br />document they are releasing each party hereby from any and all claims they may have against each <br />party released, that they voluntarily agree to all the terms set forth in this Agreement, that they <br />knowingly and willingly intend to be legally bound by the same, that they were given the <br />opportunity to consider the terms of this Agreement and discussed them with legal counsel. Each <br />Page 2 of q <br />