Laserfiche WebLink
DocuSlgn Envelope ID: B16AAEBD-74AB-4EFF-B97F-0776E33BOD86 <br />8. The Governmental Entity has the right to enforce the Teva Settlement as provided therein. <br />9. The Governmental Entity, as a Participating Subdivision or Participating Special District, <br />hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited <br />to all provisions of Section V (Release), and along with all departments, agencies, divisions, <br />boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in <br />their official capacity elected or appointed to serve any of the foregoing and any agency, <br />person, or other entity claiming by or through any of the foregoing, and any other entity <br />identified in the definition of Releasor, provides for a release to the fullest extent of its <br />authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and <br />irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, <br />filed, or claimed, or to otherwise seek to establish liability for any Released Claims against <br />any Released Entity in any forum whatsoever. The releases provided for in the Teva <br />Settlement are intended by Released Entitles and the Governmental Entity to be broad and <br />shall be interpreted so as to give the Released Entities the broadest possible bar against any <br />liability relating in any way to Released Claims and extend to the full extent of the power of <br />the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to <br />any Released Claim. <br />10. The Governmental Entity hereby takes on all rights and obligations of a Participating <br />Subdivision or Participating Special District as set forth in the Teva Settlement. <br />11. In connection with the releases provided for in the Teva Settlement, each Governmental Entity <br />expressly waives, releases, and forever discharges any and all provisions, rights, and benefits <br />conferred by any law of any state or territory of the United States or other jurisdiction, or <br />principle of common law, which is similar, comparable, or equivalent to § 1542 of the <br />California Civil Code, which reads: <br />General Release; extent. A general release does not extend to claims <br />that the creditor or releasing party does not know or suspect to exist in <br />his or her favor at the time of executing the release that, if known by <br />him or her, would have materially affected his or her settlement with <br />the debtor or released party. <br />A Releasor may hereafter discover facts other than or different from those which it knows, <br />believes, or assumes to be true with respect to the Released Claims, but each Governmental <br />Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, <br />upon the Effective Date, any and all Released Claims that may exist as of such date but which <br />Releasors do not know or suspect to exist, whether through ignorance, oversight, error, <br />negligence or through no fault whatsoever, and which, if known, would materially affect the <br />Governmental Entities' decision to participate in the Teva Settlement. <br />12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which <br />Governmental Entity hereby agrees. To the extent this Election and Release is interpreted <br />differently from the Teva Settlement in any respect, the Teva Settlement controls. <br />