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KERYLOW, DEANNA
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KERYLOW, DEANNA
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Last modified
6/28/2023 12:12:08 PM
Creation date
6/28/2023 12:11:42 PM
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Contracts
Company Name
KERYLOW, DEANNA
Contract #
N-2023-157
Agency
City Attorney's Office
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DocuSign Envelope ID: Bel D0216-78F2-4859-AADO-CF3AO7366EED <br />5. Plaintiff acknowledges and agrees that Defendant has made no representations <br />regarding the tax consequences of any amounts received pursuant to this Agreement. Plaintiff <br />agrees that she and she alone is liable for all taxes, if any, which are owed by her on any amount <br />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 <br />Plaintiff on amounts owed by her. <br />6. Plaintiff agrees that she and she alone will be responsible for any known or <br />unknown liens for medical care related to, or arising from, the circumstances that gave rise to this <br />Action. Plaintiff expressly agrees to hold Defendant harmless from any and all claims, if any, <br />made by any lien holders against Plaintiff on amounts owed by her for any kind of medical care. <br />7. Plaintiff represents that, with the exception of this Action and the government tort <br />claim associated therewith and submitted to the City of Santa Ana, 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 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 />8. The Parties hereto hereby agree that all rights under Section 1542 of the Civil <br />Code of the 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 <br />or suspect to exist in his or her favor at the time of executing the release, which <br />if known by him or her must have materially affected his or her settlement with <br />the debtor." <br />9. 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 <br />of its officers, agents, directors, supervisors, employees, representatives, and its successors and <br />assigns and all persons acting by, through, under, or in concert with each other party from any and <br />all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, <br />suspected or unsuspected (hereinafter referred to as "claim" or "claims") which each releasing party <br />at any time heretofore had or claimed to have or which each releasing party at any time hereafter <br />may have or claim to have, incidental to the incident(s) which form the basis of the Action. <br />10. Each person signing below represents that she has reviewed all aspects of this <br />Agreement, that the Agreement has been carefully read and fully explained to her and that she <br />understands every provision of this Agreement, that she understands that in agreeing to this <br />document she is releasing each party hereby from any and all claims she may have against each <br />party released, that she voluntarily agrees to all the terms set forth in this Agreement, that she <br />knowingly and willingly intends to be legally bound by the same, that she was given the <br />opportunity to consider the terms of this Agreement and discussed them with legal counsel. Each <br />party hereby warrants that they have the authority to enter into this Agreement and bind the party <br />for whose benefit they execute this Agreement. <br />Page 2 of 4 <br />
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